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N.J. EDUC. FACILITIES v. GRUZEN

125 N.J. 66 (1991)

592 A.2d 559

NEW JERSEY EDUCATIONAL FACILITIES AUTHORITY AND JERSEY CITY STATE COLLEGE, PLAINTIFFS-RESPONDENTS, v. THE GRUZEN PARTNERSHIP, CERAMI CONSTRUCTION COMPANY, AND TRAVELERS INDEMNITY COMPANY, DEFENDANTS-APPELLANTS, AND THE CONDITIONING COMPANY AND THE NORTH RIVER INSURANCE COMPANY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Carmine D. Campanile argued the cause for appellants Cerami Construction Company and Travelers Indemnity Company (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys).

Richard M. Mandel argued the cause for appellant The Gruzen Partnership (O'Brien, Liotta & Mandel, attorneys; Richard M. Mandel and David M. Kupfer, on the briefs).

Robert W. Delventhal argued the cause for respondents (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Robert W. Delventhal and Michael R. McDonald, on the brief).

Valerie L. Egar, Deputy Attorney General, argued the cause for amicus curiae State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

Roger P. Sauer submitted a brief on behalf of amicus curiae American Insurance Association (Sauer, McCloskey & Del Mauro, attorneys; Roger P. Sauer and Bruce C. Truesdale, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the doctrine of "nullum tempus occurrit regi" (no time runs against the king). The question here is whether a general statute of limitations runs against today's sovereign, the State (or one of its agencies), when it asserts a claim in contract. We agree with the Appellate Division that no difference in principle can be found to warrant departure from the general rule in the context of...

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