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ROBERTS AND SON, INC. v. HILLCREST MEM. CO.

833 A.2d 666 (2003)

363 N.J. Super. 485

J. ROBERTS AND SON, INC., Albert Kohlmeyer, individually and trading as William B. Snelbaker and Son and W.B. Lippencott and Son, Plaintiffs-Appellants, v. HILLCREST MEMORIAL COMPANY, Defendant-Respondent, and Garden State Cemetery Company, Woodbury Memorial Park Cemetery, Inc., Eglington Cemetery Company, Inc., Funeral and Cemetery Merchandise Company, West Jersey Memorial Company, Gates of Heaven Cemetery, Inc., Jessie Pebbly, individually and/or t/a Garden State Cemetery, Eglington Cemetery, Woodbury Memorial Park Cemetery, Estate of Carol Pebbly, individually and/or t/a Garden State Cemetery Company, Inc., Woodbury Memorial Park Cemetery Inc., Metro Burial and Cremation Services, Inc., James Morrow, Linda Lacey, Charles "Chuck" Kearns, Lisa Staniker, Barbara Long, and Anne Rowan, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Mark S. Nathan, Voorhees, argued the cause for appellants (Garber, Nathan & Garber, attorneys; Mr. Nathan, on the brief).

Joel Schneider, Haddonfield, argued the cause for respondent (Archer & Greiner and Peter Platten of the Pennsylvania Bar, admitted pro hac vice, attorneys; Mr. Schneider and Mr. Platten, on the brief).

Before Judges KING, LINTNER and LISA.

The opinion of the court was delivered by LINTNER, J.A.D.

This appeal requires us to determine whether an administrative dismissal of a complaint under R. 1:13-7 precludes a plaintiff from filing a subsequent similar complaint without a showing of good cause. We hold that the good cause requirement of the rule applies to attempts by a plaintiff to have an originally filed complaint reinstated. It does not prevent the filing of a second complaint with the same...

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