In this action arising out of the alleged breach of a home improvement contract, a Law Division judge granted defendants' belated motion for discovery sanctions. The court barred plaintiffs from presenting expert testimony or evidence of damages at trial, resulting in the involuntary dismissal of plaintiffs' case. Defendants filed the motion in disregard of discovery rules requiring them to file the motion before the discovery end date, certify they had made a good faith effort to obtain the delinquent discovery, and certify they were not delinquent in their discovery obligations. In addition, defendants had never demanded expert reports in discovery.
On appeal, the court vacated the discovery sanction and dismissal orders. The court held that a trial court abuses its discretion by effectively barring claims as a discovery sanction without explaining its reasons for overlooking the discovery rules intended to assure uniformity and fairness in such matters.