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McGROGAN v. TILL

A-119 September Term 1999.

771 A.2d 1187 (2001)

167 N.J. 414

Raymond McGROGAN and Pauline Mcgrogan, Plaintiffs-Appellants, v. Peter W. TILL, an Attorney at Law of the State of New Jersey; Andrew J. Goldstein, Esq., an Attorney at Law of the State of New Jersey; Allyn Z. Lite, Esq., an Attorney at Law of the State of New Jersey and the firm of Goldstein Lite & DePalma, LLC Successor Firm of Goldstein, Till, Lite & Reiken, Defendants-Respondents, Samuel N. REIKEN, Esq., an Attorney at Law of the State of New Jersey, Defendant.

Supreme Court of New Jersey.

Decided May 24, 2001.

Attorney(s) appearing for the Case

Hilton L. Stein, Montville, argued the cause for appellants (Stein, Thyne, LaGrotta, Roper & Twardowsky, Parsippany, attorneys; Diane M. Acciavatti, Randolph, on the brief).

Thomas G. Roth argued the cause for respondent Peter W. Till and Bruce D. Greenberg, Newark, argued the cause for respondents Allyn Z. Lite and Goldstein Lite & DePalma, LLC (Roth & Fettweis and Lite DePalma Greenberg & Rivas, attorneys; Louise Arkel, on the brief).

The opinion of the Court was delivered by LaVECCHIA, J.

This case raises the question whether the shorter two-year statute of limitations under N.J.S.A. 2A:14-2, instead of the six-year limitations period under N.J.S.A. 2A:14-1 usually applied to legal-malpractice actions, should pertain to a claim of legal malpractice allegedly committed by defense counsel in the context of a criminal prosecution. The Appellate Division raised the question sua sponte...

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