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MASON v. NABISCO BRANDS, INC.

233 N.J. Super. 263 (1989)

558 A.2d 851

MARGARETE S. MASON AND DAVID A. MASON, PLAINTIFFS-APPELLANTS, v. NABISCO BRANDS, INC., A-L SERVICES, INC., ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Cozzarelli, Mautone & Nardachone, attorneys for appellant (Geraldine O. Livengood, on the brief).

Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys for respondents (Robert John Aste, on the brief).

Before Judges LONG, MUIR, Jr. and KEEFE.

The opinion of the court was delivered by KEEFE, J.S.C. (temporarily assigned).

The issue to be decided on this appeal is whether a reinstated complaint, previously dismissed by the court pursuant to R. 1:13-7(a) (dismissal of inactive cases), is subject to the defense of the statute of limitations when the defense could not have been asserted prior to the dismissal. The trial judge held that it was and dismissed the complaint. The plaintiffs appeal and we...

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