BIDDLE v. BIDDLE


163 N.J. Super. 455 (1978)

395 A.2d 218

EVELYN BIDDLE, PLAINTIFF, v. DONALD BIDDLE AND MARIA O. AMAYA, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 20, 1978.


Attorney(s) appearing for the Case

Mr. Edward P. Kozmor for plaintiff.

Mr. Gerard C. Gross for defendant Biddle, affirmatively.

Mr. James P. Savio for defendant Biddle, defensively (Messrs. Lloyd, Megargee, Steedle and Connor, attorneys).

Mr. Mark Soifer for defendant Amaya (Messrs. Horn, Kaplan, Goldberg & Gorny, attorneys).


GIBSON, J.C.C. (temporarily assigned).

This is an automobile negligence action in which codefendant has filed a crossclaim for his own personal injuries arising out of the same accident which forms the basis of plaintiff's complaint. Although the claim was filed beyond the two-year statute of limitations, crossclaimant argues that it was timely in view of R. 4:7-5 which permits the filing of crossclaims "as of right" within 90 days of service of the summons...

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