Summary
upholding trial court's decision not to dismiss complaint when plaintiff did not issue summons for over three and one-half years after complaint filed
Summary of this case from State v. One 1986 SubaruOpinion
Argued February 20, 1968 —
Decided April 1, 1968.
Judgment reversed.
Mr. Lewis Holland argued the cause for appellants ( Messrs. Warren, Chasan, Leyner Holland, attorneys).
Mr. James P. Beggans argued the cause for respondents ( Messrs. Beggans and Keale, attorneys).
The judgment is reversed for the reasons expressed in the dissenting opinion of Judge Sullivan in the Appellate Division, 100 N.J. Super. 67.
For reversal — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, HALL and SCHETTINO — 5.
For affirmance — None.