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BERGEN COMMUN. COLLEGE TRUSTEES v. J.P. FYFE

188 N.J. Super. 288 (1982)

457 A.2d 83

BOARD OF TRUSTEES OF BERGEN COMMUNITY COLLEGE, PLAINTIFF, v. J.P. FYFE, INC., JOHN DELAGE, THE CELOTEX CORPORATION, GAF CORPORATION AND COMMERCIAL UNION INSURANCE COMPANY, DEFENDANTS. GAF CORPORATION AND COMMERCIAL UNION INSURANCE COMPANY, DEFENDANTS AND THIRD-PARTY PLAINTIFFS, v. GLENWAL CONSTRUCTION COMPANY, FRANK GRAD & SON, THE UPJOHN COMPANY AND JOHN DOE, A FICTITIOUS NAME, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided October 7, 1982.

Attorney(s) appearing for the Case

Rosen, Gelman & Weiss, for plaintiff Board of Trustees of Bergen Community College (William C. Slattery and Jill H. Haley, of counsel).

Bright & Zirulnik, for defendants J.P. Fyfe, Inc. and John Delage (Edward J. Nesselquist, of counsel).

Milton, Keane & Brady, for defendant The Celotex Corporation (Thomas J. Brady, of counsel).

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, for defendants and third-party plaintiffs GAF Corporation and Commercial Union Insurance Company (Bart J. Klein, of counsel).

Shannon Zachary Taylor, for third-party defendant Glenwal Construction Company.

Morton Stavis, for third-party defendant Frank Grad & Son (Neil Mullin, of counsel).

Lum, Biunno & Tompkins, for third-party defendant The Upjohn Company (Dennis J. Drasco, of counsel).

YANOFF, J.S.C. (retired, on recall).

By cross-motions for summary judgment the parties raise issues which may completely determine this litigation. The precise issues are whether the doctrine of nullum tempus occurrit regi ("time [the Statute of Limitations] does not run against the king") is applicable to a county college, and which statute of limitations controls.

Plaintiff is a county college organized...

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