Dennis Aujero, Plaintiff-Respondent v. John Cirelli, Jr., D/B/A Luigi’s Restaurant and Pizzeria, and Leonardo’s…

Summary

The Supreme Court of New Jersey held that the trial court's refusal to vacate a dismissal for failure to answer interrogatories, filed more than thirty days after the dismissal, was improper because the thirty‑day deadline in Rule 4:23‑5(a) may be relaxed under Rule 1:1‑2. The Court found the attorney's neglect was not excusable, rendering Rule 4:50‑1(a) inapplicable, and remanded for further proceedings on the trial court's discretionary denial.