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Wednesday, January 9, 2008

Elena Weber v. Mayan Palace Hotel & Resorts

12-27-07 A-3250-06T2

When a complaint has been dismissed for lack of prosecution
due to plaintiff's failure to serve the defendant, plaintiff may
serve defendant with the dismissed complaint before filing a
motion to restore the complaint. However, when serving the
complaint plaintiff must notify defendant that the complaint was
dismissed, and thereafter must promptly file a reinstatement
motion. Defendant's time to answer will run from the date the
complaint is reinstated.