SHULAS v. ESTABROOK


895 A.2d 1234 (2006)

385 N.J. Super. 91

Walter SHULAS, Plaintiff-Respondent, v. Joseph ESTABROOK and Patricia Estabrook, Defendants-Appellants, v. B.B.J., Inc., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2006.


Attorney(s) appearing for the Case

Leary, Bride, Tinker & Moran, Cedar Knolls, attorneys for appellants (Walter E. Monaghan, on the brief).

Harold J. Gerr, Highland Park, attorney for respondent.

Before Judges FALL, C.S. FISHER and MINIMAN.


The opinion of the court was delivered by

FISHER, J.A.D.

In this matter, we consider whether the trial judge erred in granting a voluntary dismissal of this action and in permitting plaintiff to pursue an identical, newly-filed action when plaintiff's purpose in seeking a voluntary dismissal was to eviscerate the discovery end date, moot defendant's motion for summary judgment and extinguish an imminent trial date. Because the order failed to meet the requirements...

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