Appellate Division agrees with NJSBA amicus position in statute of limitations case

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July 3, 2018
Contact: Paula Saha
Director of Communications and Media Relations

NEW BRUNSWICK - An appeals court panel cited the NJSBA's arguments in the opinion which involved a legal malpractice matter where the representation occurred in Pennsylvania, but the attorney is dual-licensed in New Jersey. The panel found the Pennsylvania’s two year statute of limitations should apply over New Jersey’s six year statute of limitations.
In MTK Food Services, Inc., d/b/a The Palace Restaurant v. Sirius America Insurance Company, et. al., the appeals court decision states among the reasons for the decision: 
"Furthermore, as the New Jersey State Bar Association contends in its amicus brief, applying New Jersey's six-year statute of limitations here would frustrate the purpose of adopting the substantial-interest test and defy public policy."
Read the decision here.
Read the association's brief here