Marvin Gibbs, Respondent v. St. Barnabas Hospital, Respondent, and Fausto Vinces, M.D., Appellant, Defendants

Summary

The Court held that a plaintiff who defaults on a conditional order of preclusion must demonstrate both a reasonable excuse for the delay and a meritorious claim, and that the plaintiff in this case failed to meet those requirements; therefore the Appellate Division's order was reversed and summary judgment was granted in favor of Dr. Vinces. Justice Ciparick dissented, arguing that the willfulness requirement was not satisfied and the sanction should not be imposed.