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Hackensack Radiology Group, P.A v. Rishi Rakshpal

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 7, 2011

HACKENSACK RADIOLOGY GROUP, P.A., PLAINTIFF-RESPONDENT,
v.
RISHI RAKSHPAL, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-3854-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 24, 2011

Before Judges Espinosa and Skillman.

Defendant appeals from an order entered on June 7, 2010, which denied his motion to transfer this action from the Special Civil Part to the Law Division. An order that denies transfer of an action is not a final judgment because it does not adjudicate the claims asserted in the complaint and any counterclaims. See Janicky v. Point Bay Fuel, Inc., 396 N.J. Super. 545, 549-50 (App. Div. 2007). Thus, such an order may be appealed only by leave of this court. See R. 2:5-6(a).

Defendant did not seek leave to appeal the order denying his motion to transfer, and we undoubtedly would have denied such a motion if it had been made.

Accordingly, the appeal is dismissed as interlocutory.

20110607

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