Supreme Court of New Jersey

Ross Allegro, Plaintiff-Appellant v. Afton Village Corp., a New Jersey Corporation, Defendant-Respondent

March 24, 19529 N.J. 156

Summary

The Supreme Court of New Jersey reversed the trial court's dismissal of the plaintiff's complaint and ordered a new trial, holding that the trial court did not exceed its discretion in refusing a second adjournment because the plaintiff failed to secure counsel and prepare his case despite ample time. The Court emphasized that dismissal is a drastic remedy reserved for deliberate contempt of the court. Chief Justice Vanderbilt dissented, arguing that the trial court's decision was proper and should be affirmed.