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JATCZYSZYN v. MARCAL PAPER MILLS, INC.

DOCKET NO. A-0938-09T1

27 A.3d 213 (2011)

422 N.J. Super. 123

Tadeusz JATCZYSZYN, Plaintiff-Appellant, v. MARCAL PAPER MILLS, INC., Defendant, and Genie Terex Corporation, and United Rentals, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 9, 2011.

Attorney(s) appearing for the Case

Evan L. Goldman , Hackensack, argued the cause for appellant (Schiffman, Abraham, Kaufman & Ritter, attorneys; Mr. Goldman, on the brief.)

Patrick E. Bradley , Princeton, argued the cause for respondent Genie Terex Corporation ( Reed Smith , attorneys; Edward J. Mullins, III , Roseland, on the brief).

William C. Carey , Morristown, argued the cause for respondent United Rentals (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Carey, on the brief).

Before Judges FUENTES, GILROY and NUGENT.

The decision of the court was delivered by

FUENTES, J.A.D.

Plaintiff Tadeusz Jatczyszyn appeals from the order of the Law Division dismissing his products liability cause of action by granting defendants' motion for summary judgment. We reverse. The trial court erred when it failed to appreciate how this case's unusual procedural journey denied plaintiff the full discovery time he is entitled to receive under our civil case-tracking system.

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