Albarran v. Lukas

The opinion of the court was delivered by

KESTIN, J.A.D.

After issue had been joined in this personal injury action, défendants served plaintiffs with interrogatories on June 24, 1989. *93No answers were served. More than five months later, following unsuccessful attempts to communicate with plaintiffs’ attorneys both by letter and telephone, defendants moved, on notice, pursuant to R. 4:23-5(a), as it then provided, for dismissal of the complaint. No response to the motion was filed. The complaint was dismissed on December 4, 1989, and a copy of the order was served on plaintiffs’ attorneys.…