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MITZNER v. W. RIDGELAWN CEMETERY

311 N.J. Super. 233 (1998)

IRIS MITZNER AND BERNARD MITZNER, PLAINTIFFS-RESPONDENTS, v. WEST RIDGELAWN CEMETERY, INC., DEFENDANT-APPELLANT, AND WIEN AND WIEN, INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1998.

Attorney(s) appearing for the Case

Steven J. Tegrar, argued the cause for appellant.

James S. Lynch, argued the cause for respondents (Lynch and Lynch, attorneys; Mr. Lynch, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and COBURN.

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

We granted defendant West Ridgelawn Cemetery, Inc. ("Ridgelawn"), leave to appeal from a denial of its motion for summary judgment. The case poses this issue: may the two-year statute of limitations for personal injury actions, N.J.S.A. 2A:14-2, be tolled by the filing of a complaint in a court of another state when the "untimely" New Jersey action is filed after the first action has been dismissed for...

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