Aujero v. Cirelli

In this action seeking recovery of damages for personal injuries the trial court dismissed the complaint, pursuant to Rule 4:23-5(a), for plaintiff’s failure to answer defendants’ interrogatories. Eleven months thereafter plaintiff brought a motion to vacate the order of dismissal. The trial court denied the application. In an unreported opinion the Appellate Division reversed, because “both excusable neglect by plaintiff’s attorney and lack of prejudice to defendants] are manifest on the record.” We granted certification, 108 N.J. 671 (1987), and now modify the judgment below by remanding to…