Galligan v. Westfield Centre Service, Inc.
Supreme Court of New Jersey
1Opinion of the Court
The opinion of the Court was delivered by
PASHMAN, J.
We granted plaintiff leave to appeal, 81 N.J. 334, 407 A.2d 1208 (1979), to consider whether the two-year statute of limitations for personal injury actions, N.J.S.A. 2A:14-2, may be tolled by the filing of a complaint in federal court which lacked subject matter jurisdiction. We hold that it may.
On April 14, 1977, plaintiff filed a complaint in the United States District Court for the District of New Jersey on behalf of the estate of Mary F. Galligan. The complaint asserted wrongful death and survival claims against Westfield Centre…
2Cases cited23 opinions
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- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
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- Wood v. CarpenterSupreme Court of the United States · 1879
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