11-13-08
A-1029-07T3
A motion to dismiss a complaint with prejudice for failure
to answer interrogatories must be denied when the earlier order
to dismiss without prejudice is not served on the plaintiff.
Moreover, such a motion to dismiss with prejudice must also
be denied if fully responsive answers had been provided and a
motion to restore is pending. If there is a dispute regarding
the responsiveness of the answer, the judge must decide that
issue before addressing the motions to restore or to dismiss.
