CAMPBELL v. BOROUGH OF UNION BEACH


153 N.J. Super. 434 (1977)

379 A.2d 1295

GERTRUDE CAMPBELL AND RICHARD CAMPBELL, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. BOROUGH OF UNION BEACH, COUNTY OF MONMOUTH, DEFENDANTS, AND R.J. LONGO CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 3, 1977.


Attorney(s) appearing for the Case

Mr. Martin W. Yazgier, argued the cause for appellants (Messrs. Heilbrunn, Finkelstein, Heilbrunn, Garruto and Galex, attorneys).

Mr. Thomas Primavera, argued the cause for respondent (Messrs. Kirkpatrick & Rathman, attorneys).

Before Judges HALPERN, LARNER and KING.


KING, J.A.D.

This case, here on our grant of leave to appeal, raises the troublesome question of when a third-party claim for contribution or indemnity is deemed commenced for purposes of permitting a plaintiff to amend and claim directly against a third-party defendant without being barred by the statute of limitations. The trial judge refused to permit plaintiffs to amend their complaint to name R.J. Longo Construction Company, Inc. (Longo) as a direct defendant...

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