NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4189-15T2 SEAMUS R. HALLORAN, Plaintiff-Appellant, v. BENJAMIN A. STANZIALE, JR., ESQ.; STANZIALE & STANZIALE; MICHAEL DEMARCO; and DEMARCO & DEMARCO, Defendants-Respondents. ______________________________________ Argued October 17, 2017 – Decided November 14, 2017 Before Judges Yannotti, Leone and Mawla. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L- 0271-14. Angela M. Roper argued the cause for appellant (Roper & Thyne, LLC, attorneys; Kenneth S. Thyne, on the brief). William F. O'Connor, Jr. argued the cause for respondents Michael DeMarco and DeMarco & DeMarco (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. O'Connor, of counsel and on the brief). Michael P. Chipko argued the cause for respondents Benjamin A. Stanziale, Jr. and Stanziale & Stanziale (Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, attorneys; Maxwell L. Billek, of counsel; Mr. Chipko, on the brief). PER CURIAM Plaintiff Seamus R. Halloran appeals from an order entered by the Law Division, which granted summary judgment to defendants and denied his cross-motion for leave to file a late expert report. We affirm. I. The following facts are taken from the record. On January 9, 2014, plaintiff filed a legal malpractice action against Benjamin A. Stanziale, Jr., Esq., Stanziale & Stanziale (collectively Stanziale), and Michael DeMarco, Esq., and DeMarco & DeMarco (collectively DeMarco) claiming damages arising from a Chapter 7 Bankruptcy proceeding involving real estate owned by plaintiff. Anthony Rottino and Paragon Federal Credit Union (Paragon) had a competing mortgage on plaintiff's home located in Saddle River (property). Paragon instituted a foreclosure action on the property, and engaged in litigation over mortgage priority against Rottino, who was represented by DeMarco. Plaintiff, who initially was self-represented, asked Rottino if he could recommend an 2 A-4189-15T2 attorney. Rottino contacted DeMarco, who recommended Stanziale. Plaintiff alleges DeMarco and Stanziale coerced him to file bankruptcy in order to benefit the interests of DeMarco's client, Rottino. On June 30, 2015, the trial court issued an order extending discovery to October 6, 2015, and requiring plaintiff to submit an expert report by September 21, 2015. On October 9, 2015, the trial court issued a second order extending discovery to January 31, 2016, and requiring plaintiff to submit an expert report by December 1, 2015. This order noted "should the plaintiff fail to comply with this final discovery schedule, the defendants may move to dismiss the matter in accordance with the Court Rules." On December 4, 2015, the trial court issued a third order extending discovery to March 1, 2016, and requiring plaintiff to submit an expert report by January 20, 2016. On February 19, 2016, the trial court issued a final order extending discovery to March 17, 2016, and ...
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