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KARPOVICH v. BARBARULA

150 N.J. 473 (1997)

696 A.2d 659

MARY E. KARPOVICH, PLAINTIFF-APPELLANT, v. JOHN M. BARBARULA AND JOSEPH AFFINITO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 16, 1997.

Attorney(s) appearing for the Case

H. Curtis Meanor argued the cause for appellant (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; Mr. Meanor and Amy B. Wagner, on the briefs).

Peter A. Ouda argued the cause for respondent John M. Barbarula (Voorhees & Acciavatti, attorneys).

Christopher J. Carey argued the cause for respondent Joseph Affinito (Tompkins, McGuire & Wachenfeld, attorneys; Richard F. Connors, Jr., and Mary Anne McConeghy, on the brief).

Andrew P. Napolitano argued the cause for amicus curiae, New Jersey State Bar Association (Cynthia M. Jacob, President, attorney; Linda Lashbrook, on the brief).

The opinion of the Court was delivered by POLLOCK, J.

The issue is whether the entire controversy doctrine precludes plaintiff, Mary E. Karpovich, from pursuing this attorney-malpractice action because of her failure to join defendants, John M. Barbarula and Joseph Affinito, in a prior action involving a transaction in which they allegedly were her attorneys. That action ended with the entry of a consent judgment.

In July 1992, Karpovich delivered $397,000...

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