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McGROGAN v. TILL

744 A.2d 255 (2000)

327 N.J. Super. 595

Raymond McGROGAN and Pauline McGrogan, Plaintiffs-Appellants, v. Peter W. TILL, An Attorney at Law of the State of New Jersey, Andrew J. Goldstein, An Attorney at Law of the State of New Jersey, Allyn Z. Lite, An Attorney at Law of the State of New Jersey, Samuel N. Reiken, An Attorney at Law of the State of New Jersey, and the Firm of Goldstein, Till, Lite And Reiken, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 2000.

Attorney(s) appearing for the Case

Kenneth S. Javerbaum, Springfield, for plaintiffs-appellants (Javerbaum, Wurgaft, Hicks & Zarin, attorneys; Mr. Javerbaum, of counsel; David L. Wikstrom, on the briefs).

Thomas G. Roth, Newark, for defendants-respondent Peter W. Till (Roth & Fettweis, attorneys; Mr. Roth, of counsel; Robin A. Newman and Louise Arkel, on the joint brief).

Bruce D. Greenberg, Newark, for defendants-respondents Andrew J. Goldstein, Allyn Z. Lite and Goldstein Lite & DePalma (Lite, DePalma, Greenberg & Rivas, attorneys; Andrew J. Goldstein and Mr. Greenberg, of counsel; Mary Jean Pizza, on the joint brief).

Before Judges SKILLMAN, D'ANNUNZIO and FALL.

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

This is a unique case involving a claim of legal malpractice allegedly committed by defense counsel in the context of a criminal prosecution. Plaintiff Raymond McGrogan pled guilty to a federal indictment on December 18, 1989. He was sentenced on January 27, 1992 and filed his malpractice complaint on September 27, 1997. The trial court applied the six-year statute of limitations, N.J.S.A. 2A:14-1...

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