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RUBERTON v. GABAGE

280 N.J. Super. 125 (1995)

654 A.2d 1002

JAMES A. RUBERTON AND LORETTA RUBERTON, PLAINTIFFS-APPELLANTS, v. CHARLES W. GABAGE, ESQUIRE, EISENSTAT, GABAGE & BERMAN, P.A., A NEW JERSEY PROFESSIONAL CORPORATION, AGWAY PETROLEUM CORPORATION, CHRISTOPHER FOX, AGWAY, INC., ROBERT J. KUTIL, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1995.

Attorney(s) appearing for the Case

Clifford L. Van Syoc, argued the cause, for appellants (Mr. Van Syoc, on the briefs).

Francis X. Crahay, argued the cause, for respondents Charles W. Gabage, Esq. and Eisenstat, Gabage & Berman, P.A. (Tompkins, McGuire & Wachenfeld, attorneys; Mr. Crahay, of counsel; George Gerard Campion, on the brief).

Stacy L. Moore, Jr., argued the cause, for respondents Agway Petroleum Corp., Christopher Fox, Agway, Inc. and Robert J. Kutil (Parker, McCay & Criscuolo, P.C., attorneys; Mr. Moore, on the brief).

Before Judges HAVEY, BROCHIN and CUFF.

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

Plaintiffs appeal from summary judgment orders dismissing their complaint against defendants sounding in fraud, negligence, malicious abuse of process and malicious interference. They also appeal from pretrial determinations that their emotional distress claims were time-barred under N.J.S.A. 2A:14-2, and denying their motion to amend their complaint to name William V. Webster, Jr., Esq. and his law firm...

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