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Monday, March 13, 2017

GREG NOREN VS. HEARTLAND PAYMENT SYSTEMS, INC. A-2651-13T3


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.