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CLAYPOTCH v. HELLER, INC.

823 A.2d 844 (2003)

360 N.J. Super. 472

David CLAYPOTCH and Beth Claypotch, his wife, Plaintiffs-Appellants, v. HELLER, INC., Defendant/Third Party Plaintiff-Respondent, v. FICEP, S.p.A., Third Party Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2003.

Attorney(s) appearing for the Case

Evan L. Goldman, Edison, argued the cause for appellants (Starr, Gern, Davison & Rubin, Roseland, attorneys; Mr. Goldman, of counsel and on the brief; Ben-David Seligman, West Orange, on the brief).

Harry D. McEnroe, Florham Park, argued the cause for respondent Heller, Inc. (Heim & McEnroe, attorneys; Mr. McEnroe and Mary Seitz, on the brief).

John R. Altieri, Hackensack, argued the cause for respondent FICEP, S.p.A. (Pino & Associates and Mr. Altieri, attorneys; Mr. Altieri, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

In this appeal, we consider the obligation of a plaintiff who has identified a defendant by a fictitious name to exercise due diligence in amending the complaint to state the defendant's true name when the fictitiously named defendant has received notice of the action by service of a third-party complaint. The appeal also involves interpretation of a 1995 statute...

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