GREG NOREN VS. HEARTLAND PAYMENT SYSTEMS, INC.
A-2651-13T3
In previously ruling on the merits, the court, among other
things, dismissed defendant's cross-appeal from the denial of
summary judgment because defendant failed to comply with Rule
2:6-1(a)(1), which requires inclusion in the appendix of all
items, and a statement of all items, presented to the trial
court on the motion for summary judgment. Noren v. Heartland
Payment Sys., Inc., __ N.J. Super. __, __ (App. Div. 2017) (slip
op. at 14-15). Defendant moved for reconsideration, arguing that
the cited Rule refers only to appeals "from a summary judgment,"
which, in defendant's view, could only mean an appeal from a
grant of summary judgment, not a denial. The court denied the
motion and rejected defendant's argument, holding that the
Rule's critical phrase – "from a summary judgment" –
incorporates appeals from any disposition of a motion for
summary judgment. Monday, March 13, 2017
GREG NOREN VS. HEARTLAND PAYMENT SYSTEMS, INC. A-2651-13T3
