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KWIATKOWSKI v. GRUBER

915 A.2d 63 (2007)

390 N.J. Super. 235

David KWIATKOWSKI, Plaintiff-Appellant, v. Joseph GRUBER and Angela Gruber, Defendants/Third-Party Plaintiffs/Respondents, v. Hans Landscaping, Inc., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 2007.

Attorney(s) appearing for the Case

Gerald J. Monahan, argued the cause for appellant.

Lisa M. Oropollo, Parsippany, argued the cause for respondents (David S. Springer, attorney, Florham Park; Ms. Oropollo, on the brief).

Before Judges COBURN, AXELRAD and GILROY.

The opinion of the court was delivered by

COBURN, P.J.A.D.

Pursuant to Rule 4:23-5(a)(1), plaintiff's personal injury complaint was dismissed without prejudice for failure to appear at a court-ordered medical examination to be conducted on behalf of defendants. Plaintiff immediately appealed. Because the order was not a final disposition of the case, we dismiss the appeal without prejudice. Plaintiff may apply to the trial court for reinstatement of...

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