Coons v. American Honda Motor Co.

SCHREIBER and O’HERN, JJ.,

dissenting.

We disagree with the majority’s view that the only way that a foreign corporation may appoint an agent for service of process, and thereby obtain the benefit of the statute of limitations, is to obtain a certificate of authority to transact business in the State.

We disagree as well with the Supreme Court characterization of footnote 10 of Velmohos v. Maren Engineering Corp., 83 N.J. 282, 293 n. 10 (1980), as “opaque.” See G.D. Searle & Co. v. Cohn, 455 U.S. 404, 414,102 S.Ct. 1137,1144, 71 L.Ed.2d 250, 259 (1982). It is clear to us that a majority of the…