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LOPEZ v. PATEL

No. A-5262-07T3

969 A.2d 510 (2009)

407 N.J. Super. 79

Tito LOPEZ and Daphne Lopez, Plaintiffs-Appellants, v. Tushar PATEL and William Brown, Defendants-Respondents, and Janie B. Nail, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2009.

Attorney(s) appearing for the Case

Edward McElroy, Edison, argued the cause for appellants (Eichen, Levinson & Crutchlow, attorneys; Mr. McElroy, of counsel and on the brief).

Stephen J. Foley, Jr., Asbury Park, argued the cause for respondent Tushar Patel (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Mr. Foley, of counsel and on the brief).

Jodi L. DeMarco, Paramus, argued the cause for respondent William Brown (Law Offices of Moira Doherty, attorneys; Ms. DeMarco, of counsel and on the brief).

Before Judges PAYNE, WAUGH and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.S.C. (temporarily assigned).

Plaintiffs appeal from an order dismissing their automobile negligence complaint in accordance with Habick v. Liberty Mutual Fire Insurance Co., 320 N.J.Super. 244, 727 A.2d 51 (App.Div.), certif. denied, 161 N.J. 149, 735 A.2d 574 (1999). In Habick, we held that a plaintiff is collaterally...

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