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ESTATE OF VIDA v. CITY OF GARFIELD

749 A.2d 391 (2000)

330 N.J. Super. 225

ESTATE OF Jan VIDA, Decedent, through it's Administrator Ad Prosequendum, Suzana KESCIOVA, Plaintiff-Appellant, v. THE CITY OF GARFIELD, the City of Garfield Police Department, Officer Samuel D. Sacco, Officer William Bielecki, Officer Keith Hicks, Officer Dennis Lanares, Defense Technologies Corporation of America, and Mace Security International, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 19, 2000.

Attorney(s) appearing for the Case

Thomas L. Ferro, Ridgewood, for plaintiff-appellant (Nancy C. Ferro, on the brief).

Hurley & Vasios, Short Hills, for defendant-respondent Defense Technology Corporation of America (Patrick J. Sweeney, on the brief).

Before Judges MUIR, Jr., CUFF and LESEMANN.

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

We granted leave to appeal to determine whether dismissal of plaintiff's complaint against the substituted John Doe defendant, Defense Technologies Corporation of America (Defense) was warranted. The motion judge granted Defense's motion to dismiss on statute of limitations grounds following amendment of the complaint to substitute Defense for a John Doe defendant after expiration of the statute of limitations...

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