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RUTGERS v. GRAD PARTNERSHIP

269 N.J. Super. 142 (1993)

634 A.2d 1053

RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE GRAD PARTNERSHIP, F/K/A FRANK GRAD & SONS, DAMES & MOORE, AND FRANK LEHR ASSOCIATES, DEFENDANTS-RESPONDENTS, AND CARL BUHR, INC., RICHARDSON ENGINEERING CO., ABC CORPORATIONS 1-50 AND JOHN DOES 1-50, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 14, 1993.

Attorney(s) appearing for the Case

Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys for appellant (Richard F. Ricci and Stephen R. Buckingham, on the brief).

Smith, Mullin & Kiernan, attorneys for respondent The Grad Partnership (Jon W. Green, of counsel and on the brief).

Bressler, Amery & Ross, attorneys for respondent Dames & Moore (J. Michael Riordan, Kevin M. Kilcommons, and Eric J. Nemeth, on the brief).

Respondent Frank Lehr Associates did not file a brief.

Before Judges BAIME, CONLEY and VILLANUEVA.

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

This appeal causes us to consider whether the ancient, and now almost dead, doctrine of "nullum tempus occurrit regi" (no time runs against the sovereign) bars defendants' reliance upon N.J.S.A. 2A:14-1.1. The trial judge concluded that the doctrine applied only to statutes of limitations, that N.J.S.A. 2A:14-1.1 was something different (a statute of repose), and that, in any event, nullum...

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