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KYLE v. GREEN ACRES AT VERONA, INC.

44 N.J. 100 (1965)

207 A.2d 513

EMILY V. KYLE, PLAINTIFF-APPELLANT, v. GREEN ACRES AT VERONA, INC., A CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 23, 1965.

Attorney(s) appearing for the Case

Mr. David W. Conrad argued the cause for appellant.

Mr. Robert J.C. McCoid, of counsel, argued the cause for respondent (Messrs. Schneider & Morgan, attorneys).

The opinion of the court was delivered by SCHETTINO, J.

Plaintiff instituted suit on May 28, 1962, in the Superior Court, Law Division, for personal injuries sustained when she fell on the sidewalk of defendant's premises on January 21, 1957. Her complaint alleged that her mental disability tolled the statute of limitations, N.J.S. 2A:14-21. Defendant asserted the statute of limitations as an affirmative defense (i.e., the complaint had not been filed...

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