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BINDA v. ROYAL INS. CO.

No. 97-688.

144 N.H. 613 (2000)

JEFFREY BINDA v. ROYAL INSURANCE COMPANY

Supreme Court of New Hampshire.

January 31, 2000.

Attorney(s) appearing for the Case

Hall, Hess, Kenison, Stewart, Murphy & Brown, P.A., of Manchester (Francis G. Murphy, Jr. and Eugene R. Quinn, Jr. on the brief, and Mr. Murphy orally), for the plaintiff.

Devine, Millimet & Branch, P.A., of Manchester (Daniel E. Will and Andrew D. Dunn on the brief, and Mr. Will orally), for the defendant.

Borofsky, Lewis, Amodeo-Vickery, PA. of Newington (Mark S. Gearreald on the brief and orally), for the intervenors, Robert E. and Cathleen E. Mark.

BRODERICK, J.

The plaintiff, Jeffrey Binda, appeals a ruling of the Superior Court (Abramson, J.) dismissing his declaratory judgment petition as untimely because it was filed beyond the six-month limitations period provided under RSA 491:22 (1997). We reverse and order that Binda shall have sixty days from the date of this opinion to file a declaratory judgment petition on the December 1996 amended writ.

I

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