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FARRELL v. TCI OF NORTHERN N.J.

875 A.2d 1017 (2005)

378 N.J. Super. 341

Harry F. FARRELL and Doris V. Farrell, individually and as husband and wife, Plaintiffs-Appellants, v. TCI OF NORTHERN NEW JERSEY, Tele-Communications, Inc., and James Rivera, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2005.

Attorney(s) appearing for the Case

Merrill M. O'Brien argued the cause for appellants (O'Brien Thornton, attorneys; Mr. O'Brien and Terry E. Thornton, on the brief).

William L. Brennan, Shrewsbury, argued the cause for respondents (Callan, Koster, Brady & Brennan, attorneys; Mr. Brennan and Sandra M. Guage, Springfield, on the brief).

Before Judges AXELRAD, HOLSTON, JR. and KING.

The opinion of the court was delivered by

HOLSTON, JR., J.A.D.

Plaintiffs, Harry F. Farrell (Farrell) and Doris V. Farrell, appeal the Law Division's March 8, 2004 order denying their motion to restore their case to the trial calendar.2 We are convinced that the court mistakenly exercised its discretion in denying the motion. We reverse and remand the case to the trial court.

The complaint and jury demand in this personal...

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