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DANILLA v. LEATHERBY INSURANCE COMPANY

168 N.J. Super. 515 (1979)

403 A.2d 925

JOHN DANILLA, PLAINTIFF-RESPONDENT, v. LEATHERBY INSURANCE COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 1979.

Attorney(s) appearing for the Case

Mr. William V. Kennedy argued the cause for appellant (Mr. Joseph Buttafuoco, attorney; Mr. Gerard E. Hanlon on the brief).

Mr. Robert F. Dato argued the cause for respondent (Messrs. Dato & Kracht, attorneys).

Before Judges LYNCH, CRANE and HORN.

The opinion of the court was delivered by HORN, J.A.D.

Defendant Leatherby Insurance Company (Leatherby) appeals from the denial of its cross-motion for summary judgment seeking to have plaintiff's suit dismissed as barred by the time limitation imposed by N.J.S.A. 39:6A-13.1(a), applicable under the No Fault Insurance Law, N.J.S.A. 39:6A-1 et seq., to plaintiff's claim for personal injury protection (PIP) benefits.

Plaintiff was involved...

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