NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-5034-18T2 VENTURES UNLIMITED, INC., Plaintiff-Appellant, v. NXGEN INFOTECH, INC., and SURESH KUMAR, Defendants-Respondents, and KRANTHI BHUSHAN PULLAGUJJU, Defendant. ______________________________ Submitted November 5, 2020 – Decided January 11, 2021 Before Judges Sumners and Mitterhoff. On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-6628-17. Law Offices of Susheela V. Verma, attorney for appellant (Nishi Patel and Susheela Verma, on the briefs). LoFaro & Reiser, LLP, attorneys for respondents (Glenn R. Reiser, on the brief). PER CURIAM Plaintiff Ventures Unlimited, Inc. sued defendants Nxgen Infotech, Inc. and Suresh Kumar1 seeking damages related to their referral of a contract worker to plaintiff. Plaintiff appeals the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals the court's order granting defendants' summary judgment motion dismissing its complaint with prejudice. We affirm all three orders. I. Plaintiff provides information technology (IT) and temporary staffing services to its clients. Nxgen offers end-to-end IT staffing and consulting solutions for short- and long-term projects. Nxgen has two employees, Kumar, its human resources manager, and his wife, its president and owner. Kumar offered plaintiff the temporary contract services of Kranthi Bushan Pullagujju to fulfill the needs of one of plaintiff's clients, Larson &Toubro Infotech Ltd. (L&T). In doing so, he provided Pullagujju's resume, and identification and 1 Also sued was Kranthi Bushan Pullagujju. However, he was never served and is not a party to this appeal. A-5034-18T2 2 immigration documents. L&T interviewed a person purporting to be Pullagujju at least three times and used a third-party service to investigate his background before entering into a supplier contract with plaintiff to retain Pullagujju's services. Relevant to this appeal, the contract provided: [Nxgen] warrants that all information provided by [its] employees in consideration for providing services to [plaintiff] and its [c]lients is true to the best of [Nxgen's] and [Nxgen's] employees['] knowledge. This includes, but is not limited to, information provided in resumes, references, and interviews. [Nxgen] certifies that personnel provided under this Agreement are not restricted from providing services to [plaintiff's] [c]lient by any employment or other agreements and will not create any conflict of interest. [Nxgen] understands that any misstatements or lack of candor by [Nxgen] or its employees constitute[s] a material breach of this Agreement and may be grounds for immediate termination of individual [w]ork [o]rders, or the Agreement in its entirety, with no liability to [plaintiff.] .... [Plaintiff] and [Nxgen] agree that neither shall be entitled to recover from the other for any incidental, indirect, special or consequential damages sustained resulting from the action or inaction of the other under this Agreement, whether the ...
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