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TANTUM v. BINZ

186 N.J. Super. 296 (1981)

452 A.2d 667

WILFRED TANTUM, PLAINTIFF-APPELLANT, v. CHARLES D. BINZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1981.

Attorney(s) appearing for the Case

Laurence M. McHeffey argued the cause for appellant (Hanlon, Dempsey & McHeffey, attorneys).

Hugh Porter argued the cause for respondent (Enright, Porter & Lenney, attorneys; Michael P. McGrath, on the brief).

Before Judges BOTTER, KING and McELROY.

The opinion of the court was delivered by KING, J.A.D.

On July 22, 1977 plaintiff filed suit for personal injuries arising from a March 31, 1975 automobile accident. Defendant pleaded the two-year statute of limitations in bar. N.J.S.A. 2A:14-2. Plaintiff rejoined, claiming that defendant was equitably estopped to plead the bar of the statute.

Upon defendant's request a nonjury evidentiary hearing was...

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