Stegmeier v. St. Elizabeth Hosp

In Stegmeier v. St. Elizabeth Hosp., 239 N.J. Super. 475, 571 A.2d 1006 (App.Div.1990), the defendant filed a timely motion for new trial and on the same day gave the motion to a delivery service with instructions to make personal service upon plaintiff's attorney. However, the delivery service did not serve the motion until four days after expiration of the ten day period for filing and serving a motion for a new trial. The Court concluded that "there was substantial compliance by the hospital's attorney when the motion was timely filed and on the same day a copy of the motion was entrusted to an independent delivery service to effect delivery," and that "under these circumstances, the interests of justice required that the motion be heard on its merits, rather than being dismissed on technical grounds." Id. at 482, 571 A.2d 1006.