Brookside Apartments, Inc. v. C.S

In Brookside Apartments, Inc. v. C.S., 276 N.J. Super. 501 (App. Div. 1994), the Court rejected the extreme remedy of dismissing plaintiff's complaint with prejudice where plaintiff's attorney violated numerous rules, including R. 4:14-7(c), to improperly subpoena sealed juvenile records. 276 N.J. Super. at 507-09, 648 A.2d 275. The Court concluded that the trial judge abused her discretion in dismissing plaintiff's complaint sua sponte because defendants did not show that the conduct of plaintiff's attorney caused them "demonstrable prejudice" which could not be overcome by a lesser remedy. Id. at 508, 648 A.2d 275. On remand, the Court held that in fashioning a lesser remedy, the trial judge could consider its prior order resealing the records, directing counsel to turn over their copies to the court, and striking the designation of any witness whose identity was discovered through the improperly obtained records. Id. at 507-08, 648 A.2d 275.