Mundelien Development Corp. v. West Caldwell Township

Plaintiff appeals, pursuant to R. 2:2-3(a), from a Tax Court order that dismissed its complaint “pursuant to R. 4:23-5” for failure to answer interrogatories and at the same time ordered plaintiff to pay reasonable counsel fees, which a subsequent order set at $280.

*51Plaintiff argues on appeal the Tax Court exceeded its authority under the rule when it assessed counsel fees. It also essentially contends the Tax Court erred when it failed to designate the dismissal as being without prejudice.

Our review of the order satisfies us it is interlocutory in nature. No leave to appeal having been…