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BINDER v. PRICE WATERHOUSE & CO., L.L.P.

923 A.2d 293 (2007)

393 N.J. Super. 304

J. Louis BINDER, as Trustee of the Resorts International, Inc. Litigation Trust, Plaintiff-Appellant, v. PRICE WATERHOUSE & CO., L.L.P., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2007.

Attorney(s) appearing for the Case

David H. Pikus, Florham Park, argued the cause for appellant (Bressler, Amery & Ross, attorneys; Mr. Pikus, on the brief).

Alan E. Kraus, Newark, argued the cause for respondent, Price Waterhouse & Co., L.L.P., now known as Pricewaterhouse-Coopers, LLP, (Latham & Watkins, attorneys; Mr. Kraus, Lauren K. Podesta, and Monica Y. Awadalla, on the brief).

Before Judges COLLESTER, SABATINO and LYONS.

The opinion of the court was delivered by

LYONS, J.S.C. (temporarily assigned).

Plaintiff, J. Louis Binder ("Binder") appeals the dismissal of his action for accounting malpractice and breach of contract against defendant, Price Waterhouse & Co., L.L.P. ("Price Waterhouse"). The primary issue in this case is whether tolling principles apply to preserve a state court action that was originally timely filed in, and later dismissed by, the federal

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