Greczyn v. Colgate-Palmolive
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| Opinion of the Court |
SUPREME COURT OF NEW JERSEY
183 N.J. 5, 869 A.2d 866
Wendy GRECZYN, Plaintiff-Appellant, and Steven Fishman, Plaintiff, v. COLGATE-PALMOLIVE, Defendant, and Kling Lindquist, Defendant-Respondent, and John Does (1-20) and ABC Corps. (1-20), Defendants.
Argued: Jan. 3, 2005 --- Decided: March 21, 2005
Plaintiff, who was injured in trip and fall on staircase, brought premises liability action in which she designated fictitious defendants. After plaintiff conducted discovery, architect was substituted as a defendant. The Superior Court, Law Division, Middlesex County, granted architect's motion for summary judgment on statute of repose grounds, and plaintiff appealed. The Superior Court, Appellate Division, 367 N.J.Super. 385, 842 A.2d 895, affirmed.
Held: Plaintiff petitioned for certification, Upon grant of petition, the Supreme Court, Long, J., held that plaintiff was entitled to substitute real party for fictitious party after statute of repose period had expired, so long as she was diligent in seeking the fictitious party's name.
Reversed and remanded.
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