action or any claim (New Jersey) · Go Syfert
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action or any claim in New Jersey

7 New Jersey opinions name it 2 courts 1953–2025 3 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Zaccardi v. Beckergreen
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Such a dismissal shall be without prejudice unless otherwise specified in the order." Our Court has instructed that the "ultimate sanction" of dismissal of a complaint with prejudice should be imposed "only sparingly." Zaccardi v. Becker, 88 N.J. 245, 253 (1982).

11
Perez v. Professionally Green, LLCgreen
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021"The judicial response to a motion for involuntary dismissal at trial 'is quite a mechanical one.'" Perez v. Professionally Green, LLC, 215 N.J. 388, 407 (2013) (quoting Dolson v. Anastasia, 55 N.J. 2, 5 (1969)).

11
Dolson v. Anastasiagreen
nj · 1969 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021"The judicial response to a motion for involuntary dismissal at trial 'is quite a mechanical one.'" Perez v. Professionally Green, LLC, 215 N.J. 388, 407 (2013) (quoting Dolson v. Anastasia, 55 N.J. 2, 5 (1969)).

11
Velazquez v. Jiminezgreen
njsuperctappdiv · 2000 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Velazquez v. Jiminez, 336 N.J.

11
Kohn's Bakery, Inc. v. Terraccianogreen
njsuperctappdiv · 1977 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Rule 4:37-2(a) provides in pertinent part, "[f]or failure of the plaintiff . . . to comply with . . . any order of court, the court in its discretion may on defendant's motion dismiss an action or any claim against the defendant." E.g., Kohn's Bakery, Inc. v. Terracciano, 147 N.J.

11
Cleary v. City of Camdengreen
nj · 1937 · cited in 1 New Jersey opinions naming this issue, 1953–1953
1 sentence

1953Rule 3:41-2 provides in part that, "the defendant * * * may move for a dismissal of the action or any claim against him on the ground that upon the facts and the law the plaintiff has shown no right to relief. * * *" In the case of Cleary v. City of Camden, supra, p. 223, wherein the doctrine of res ipsa loquitur was found applicable, Justice Perskie stated: "We are satisfied, as already stated, that the plaintiff made out a prima facie case which justified the refusal of the defendant's motion to nonsuit, and that the proofs at the end of the entire case still remained for the jury to say whe

11
Mayflower Industries v. Thor Corp.green
njsuperctappdiv · 1951 · cited in 1 New Jersey opinions naming this issue, 1953–1953
1 sentence

1953Such a dismissal shall be with prejudice unless otherwise specified in the order." (Italics ours) Of course, as stated by Judge Francis in Mayflower Industries v. Thor Corp., 15 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Zavodnick v. Leven green
njsuperctappdiv · 2001
1 sentence

2021Rule 4:37-2(b) provides that at trial, after the plaintiff has presented all evidence on matters other than damages, the defendant may seek the involuntary dismissal "of the action or any claim on the ground that upon the facts and upon the law the plaintiff has shown no right to relief." The Rule further provides that the trial judge shall deny the motion "if the evidence, together with the legitimate inferences therefrom, could sustain a judgment in plaintiff's favor." Ibid.

12021–2021
Woodward-Clyde Consultants v. CHEM & POLLUTION SCIENCES green
nj · 1986
2 sentences

2005Moreover, Rule 4:37-2(a) specifically provides that “the court in its discretion may on defendant’s motion dismiss an action or any claim against the defendant” for plaintiffs failure to comply with the “rules” of court “or any order of court.” See also Woodward-Clyde Consultants v. Chem. & Pollution Scis., Inc., 105 N.J. 464, 470-71 , 523 A.2d 131 (1987).

2005Moreover, Rule 4:37-2(a) specifically provides that “the court in its discretion may on defendant’s motion dismiss an action or any claim against the defendant” for plaintiffs failure to comply with the “rules” of court “or any order of court.” See also Woodward-Clyde Consultants v. Chem. & Pollution Scis., Inc., 105 N.J. 464, 470-71 , 523 A.2d 131 (1987).

12005–2005

Where else courts name it

WA 7 (2002–2023) NJ 7 (1953–2025) NC 6 (1899–2017) UT 3 (1993–2023) CA 3 (2021–2023) DC 2 (1992–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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