Summary
holding that in light of a weighing of the equities, and in order to avoid "apply[ing] strictly and uncritically a statutory period of limitations without considering conscientiously the circumstances of the individual case" Kaczmarek v. N.J. Tpk. Auth., 77 N.J. 329, 338, 390 A.2d 597, 602, a statute of limitations defense could not be applied equitably in the case where defendant failed to pursue the defense and plaintiff expended significant resources in preparation for trial, unaware that defendant might eventually seek to rely on the defense
Summary of this case from New Concepts for Living v. City of HackensackOpinion
2002