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O'LOUGHLIN v. NATIONAL COMMUNITY BANK

770 A.2d 1185 (2001)

338 N.J. Super. 592

Joseph O'LOUGHLIN, Carol O'Loughlin, Ada Dorothy Hayes, M.D., Donald McAdams, Plaintiffs-Appellants, and Boardwalk on the Bay Condominium Association, Inc. and Thirty-O-Seven Bayshore Condominium Association, Inc., Plaintiffs, v. NATIONAL COMMUNITY BANK, Defendant/Third-Party Plaintiff-Respondent, and Charles Stanfa, Andrew Simpson, George Maul, Boardwalk on the Bay Association, Inc., a New Jersey Corporation, Defendants, and Arthur Petrella, Third-Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Mairone, Biel, Zlotnick & Feinberg, Atlantic City, attorneys for appellants Joseph O'Loughlin, Carol O'Loughlin, Ada Dorothy Hayes, M.D., and Donald McAdams (Norman L. Zlotnick and Jeffrey H. Sutherland, on the brief).

Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, Atlantic City, attorneys for respondent National Community Bank (Rona Z. Kaplan, of counsel; Michael Gross, on the brief).

Reynolds, Drake & Blumberg, Absecon, attorneys for respondent Arthur Petrella (Thomas B. Reynolds, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

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

Plaintiffs' complaint, filed on June 7, 1999, was dismissed as barred by the statute of limitations. Plaintiffs' action, which had originally been filed on June 3, 1992, was dismissed without prejudice in accordance with a consent order dated February 16, 1999, by which defendants agreed to waive the statute of limitations, as long as plaintiffs filed a "New Action...

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