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GALLIGAN v. WESTFIELD CENTRE SERVICE, INC.

166 N.J. Super. 392 (1979)

399 A.2d 1052

KEVIN GALLIGAN, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIRS-AT-LAW AND THE ESTATE OF MARY F. GALLIGAN, PLAINTIFF, v. WESTFIELD CENTRE SERVICE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS, AND CHRYSLER CORPORATION, A CORPORATION OF THE STATE OF DELAWARE AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT AND THIRD-PARTY PLAINTIFF, v. JAMES GALLIGAN AND SHARON GALLIGAN, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Mr. David J. Meeker for plaintiff.

Mr. Clifford J. Sheehan for defendant (Messrs. Hueston, Hueston & Sheehan, attorneys).

Mr. William R. Bumgardner for third-party plaintiff (Messrs. Conway, Reiseman, Bumgardner, Hurley & Kleinfeld, attorneys).

Mr. Vincent K. Loughlin, formerly for plaintiff, submitted brief only (Messrs Johnstone & O'Dwyer, attorneys).

DREIER, J.S.C.

Defendants have moved for an order dismissing the survival action count of this wrongful death complaint for failure to comply with the applicable two-year statute of limitations, N.J.S.A. 2A:14-2. Plaintiff's original counsel, having been given notice of this motion at the request of this court, submitted a brief in opposition to the motion. The facts are uncontroverted; thus the motion may now be determined as one for summary judgment. R...

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