Albert A. Lang, Plaintiff-Respondent v. Morgan’s Home Equipment Corp., Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the lower court’s dismissal of the defendant’s counterclaim, holding that the sanction of dismissal was excessive because the defendant’s refusal to produce records was not found to be contumacious. The court emphasized that dismissal is appropriate only when the refusal is deliberate and contumacious or when the discovery order attacks the foundation of the claim, and remanded for further proceedings.