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WAITE v. DOE

204 N.J. Super. 632 (1985)

499 A.2d 1038

ETHEL WAITE AND KENNETH WAITE, PLAINTIFFS-APPELLANTS, v. JOHN DOE (A FICTITIOUS NAME) AN EMPLOYEE OF THE POLICE DEPARTMENT OF THE CITY OF PATERSON, J. HOFFMAN (ON INFORMATION AND BELIEF) AN EMPLOYEE OF THE POLICE DEPARTMENT OF THE CITY OF PATERSON, THE POLICE DEPARTMENT OF THE CITY OF PATERSON, AND THE CITY OF PATERSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1985.

Attorney(s) appearing for the Case

Louis G. Hakim argued the cause for appellants (Kenneth R. Secor, attorney; Louis G. Hakim, of counsel and on the brief).

Kenneth F. Mullaney, Jr. argued the cause for respondents (Dwyer, Connell & Lisbona, attorneys; Albert C. Lisbona, on the brief).

Before PRESSLER, DREIER and GRUCCIO, JJ.

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

The narrow issue raised by this appeal is whether a complaint is entitled to be deemed filed for purposes of the statute of limitations if it is presumptively received by the Office of the Clerk of the Superior Court prior to the running of the statute but is apparently lost after its arrival and before its docketing. In the circumstances of this case, we answer that question affirmatively.

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