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GALLIGAN v. WESTFIELD CENTRE SERVICE, INC.

82 N.J. 188 (1980)

412 A.2d 122

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

The Supreme Court of New Jersey.

Decided March 13, 1980.

Attorney(s) appearing for the Case

David J. Meeker argued the cause for appellant (David J. Meeker, attorney; John L. Conover, on the brief).

Douglas P. Kleinfeld argued the cause for respondent Chrysler Corporation (Conway, Reiseman, Bumgardner, Hurley & Kleinfeld, attorneys).

Clifford J. Sheehan argued the cause for respondent Westfield Centre Service, Inc. (Hueston, Hueston & Sheehan, attorneys).

The opinion of the Court was delivered by PASHMAN, J.

We granted plaintiff leave to appeal, 81 N.J. 334, 407 A.2d 1208 (1979), to consider whether the two-year statute of limitations for personal injury actions, N.J.S.A. 2A:14-2, may be tolled by the filing of a complaint in federal court which lacked subject matter jurisdiction. We hold that it may.

On April 14, 1977, plaintiff filed...

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