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A & M FARM v. AM. SPRINKLER MECH.

Docket No. A-2921-10T1

33 A.3d 1247 (2012)

423 N.J. Super. 528

A & M FARM & GARDEN CENTER, Plaintiff-Appellant, v. AMERICAN SPRINKLER MECHANICAL, L.L.C., its agents, servants and/or employees, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Arnold C. Lakind argued the cause for appellant (Szaferman, Lakind, Blumstein & Blader, P.C., attorneys; Michael R. Paglione and Michael D. Brottman , Lawrenceville, on the briefs).

Joseph A. Gallo , Florham Park, argued the cause for respondent (Wilson, Elser, Moskowitz, Edelman & Dicker L.L.P., attorneys; Mr. Gallo , of counsel and on the brief; Brendan P. McCarthy , on the brief).

Before Judges MESSANO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

ESPINOSA, J.A.D.

Plaintiff, A & M Farm & Garden Center (A & M), appeals from orders that dismissed its complaint with prejudice and denied its motion to vacate the order. Rule 4:23-5(a)(3), which governs the dismissal or suppression of pleadings with prejudice for failure to provide discovery, requires a motion judge to take action to obtain compliance with...

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