Kyle v. Green Acres at Verona, Inc.

The opinion of the court was delivered by

Schettino, J.

Plaintiff instituted suit on May 28, 1962, in the Superior Court, Law Division, for personal injuries sustained when she fell on the sidewalk of defendant’s premises on January 21, 1957. Her complaint alleged that her mental disability tolled the statute of limitations, N. J. S. 2A:14-21. Defendant asserted the statute of limitations as an affirmative defense (i. e., the complaint had not been filed within two years from the date of the alleged accident). It took plaintiff’s depositions, and thereafter moved for summary judgment basing its…