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NJ DIV. OF TAX. v. SELECTIVE INS. CO.

944 A.2d 667 (2008)

399 N.J. Super. 315

NEW JERSEY DIVISION OF TAXATION, Plaintiff-Appellant/Cross-Respondent v. SELECTIVE INSURANCE COMPANY OF AMERICA, Defendant/Third-Party Plaintiff-Respondent/Cross-Appellant, v. Abraham S. Stahl, Mark L. Stahl and The Estate of Ester L. Stahl, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 2008.

Attorney(s) appearing for the Case

Anne Milgram, Attorney General, for appellant/cross-respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; James M. Bennett, Deputy Attorney General, on the brief).

McElroy, Deutsch, Mulvaney & Carpenter, L.L.P., Morristown, for respondent/cross-appellant (Louis A. Modugno, of counsel and on the brief; Christopher E. Kunkel, on the brief).

Before Judges PARRILLO, S.L. REISNER and GILROY.

The opinion of the court was delivered by S.L. REISNER, J.A.D.

Plaintiff New Jersey Division of Taxation (Division) appeals from a November 17, 2006 trial court order, dismissing its complaint against defendant Selective Insurance Company of America (Selective) because the complaint was filed beyond the ten-year statute of limitations generally applicable to claims filed by the State, N.J.S.A. 2A:14-1.2a.1 Selective has cross-appealed...

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