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JOHNSON v. GRAYCE TIGHE, INC.

839 A.2d 49 (2003)

365 N.J. Super. 237

Patricia JOHNSON, Administratrix Ad Litem of the Estate of John Johnson, deceased, Plaintiff-Respondent, v. GRAYCE TIGHE, INC., trading as Cap'n Cat, Joseph B. Tighe, Inc., trading as Little Ease Tavern, Inc., and BST, Inc., trading as Brownstone Tavern and Curleys, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 2003.

Attorney(s) appearing for the Case

Crammer & Bishop, attorneys for appellants (Timothy M. Crammer, Pleasantville, on the brief).

Angelo J. Falciani, Woodbury, attorneys for respondent (Deidre E. Gannon, Cherry Hill, on the brief).

Before Judges PETRELLA, COLLESTER and FUENTES.

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

In this appeal, we are asked to decide whether the Chancery Division General Equity Part may order pre-litigation discovery absent a showing that the requirements of R. 4:11 have been satisfied. We conclude that R. 4:11 provides the exclusive authority for the taking of court-sanctioned pre-litigation discovery. Thus, a party seeking to invoke the power of the court to engage in such discovery...

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