SIGNIFICANT CASE SUMMARIES
New Jersey Case Summary
Kronfeld v Malone
New Jersey Superior Court, Appellate Division
No. A-2044-23
Decided: October 1, 2025
Where a judge sets a trial or arbitration date in a case management order or in a prior order extending discovery, exceptional circumstances must be shown in order to prevail on a Motion to extend discovery.
Background
In this legal malpractice action, the Trial Court denied Plaintiff’s eighth Motion to extend discovery. A trial date was previously fixed in the sixth Order extending discovery, and the Trial Court determined the higher exceptional circumstances standard set forth in Rule 4:24-1(c) applied, not the lower good cause standard. The Court denied the Motion to extend because Plaintiff failed to show exceptional circumstances. Defendants then moved for summary judgment, arguing Plaintiff failed to serve an expert report in support of her claims of legal malpractice. The Trial Court granted Defendant’s Motion, concluding Plaintiff’s opposition to the Motion was deficient, and her legal malpractice claims failed as a matter of law because she had not retained the required expert.
Holding
Plaintiff appealed from the Order denying her eighth Motion to extend discovery, an Order denying her Motion for reconsideration of that Order, and the Order granting summary judgment in favor of Defendants. In affirming these Orders, the Appellate Division addressed the scope of its decision in Hollywood Café Diner, Inc. v. Jaffee, 473 N.J. Super. 210 (App. Div. 2022). The Court clarified its limitation on the applicability of the exceptional circumstances standard set forth in Rule 4:24-1(c), finding that the Hollywood Café decision applies only when an arbitration or trial date is set administratively by notice prior to the conclusion of the discovery period. Here, the Appellate Division held that once a discovery extension order or case management order is entered, after expiration of the applicable initial period of discovery set forth in Rule 4:24-1(a), no further extension of the discovery period may be permitted, unless exceptional circumstances are shown.
Questions about this case can be directed to Mark Sander at (856) 334-0415 ext. 8915 or msander@tthlaw.com.