ADCO ASSOCIATES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. ADMIRAL CORPORATION; ADMIRAL GROUP AND ROCKWELL INTERNATIONAL CORPORATION, DEFENDANTS-APPELLANTS, 165 N.J. Super. 437

Summary

Plaintiff businessman entered in to a franchise agreement with defendant corporations, which defendants later terminated. Plaintiff brought suit, alleging violations of common law and statutory franchise rights, conspiracy to violate the State Antitrust Act, breach of contract, and malicious interference with economic advantage. His attorney failed to file a demand for a jury trial until eleven months after the complaint had been filed. The N.J. Ct. R. 4:35-1(a) required that a demand for jury trial had to be made within 10 days of the service of the last pleading. The N.J. Ct. R. 1:1-2 allowed a judge to relax a court rule in the interest of justice; thus, the trial court allowed the late demand. The court reversed the use of the trial judge's discretion to allow the demand to be filed because counsel's admission of his mistake does not constitute excusable neglect. The court found that judicial discretion required some rational basis.