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NOVACK v. CHAIT

241 N.J. Super. 614 (1990)

575 A.2d 908

STUART NOVACK, PLAINTIFF-APPELLANT, v. HARRY CHAIT, MICHAEL J. DEVER, JANE DOE (A FICTITIOUS NAME), WILLIAM ROHRER, MR. LAND OWNER (A FICTITIOUS NAME), VILLAGE APARTMENTS OF CHERRY HILL, INC., CAMDEN DIOCESAN CENTER, ST. MARY'S NURSING HOME, AND MARTHA NOVACK, DEFENDANTS-RESPONDENTS, AND ALBERT J. OLIZI, JR., ESQ., STUART & JENNINGS, AND ARCHDIOCESE OF NEWARK, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Charles A. Lutz, attorney for appellant (Anthony J. Brady, Jr., on the brief).

Capehart & Scatchard, attorneys for respondent Harry Chait (Betsy G. Liebman of counsel, Dennis M. Marconi, on the brief).

Marshall, Dennehey, Warner, Coleman and Goggin, attorneys for respondent Michael Dever (Joseph D. Sams, on the brief).

Bernadette A. Duncan, attorney for respondent William Rohrer (Veronica A. Bocco on the brief).

Sue Ellen Johnson, for respondent Martha Novack (Lorraine M. McTiernan on the brief).

No brief was filed on behalf of respondents, Village Apartments of Cherry Hill, Camden Diocesan Center and St. Mary's Nursing Home.

Before Judges J.H. COLEMAN, BRODY and SKILLMAN.

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

The key issue raised in this appeal is whether a plaintiff who attempts to file a complaint in a personal injury action with a county clerk but who does not have the filing fee should be deemed to have commenced the action within the contemplation of N.J.S.A. 2A:14-2 and R. 4:2-2.

Plaintiff was injured in an automobile accident on October 30, 1985. Plaintiff alleges that he attempted...

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