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MILONE v. NISSAN MOTOR CORP.

250 N.J. Super. 371 (1991)

594 A.2d 642

CHERYL A. MILONE, PLAINTIFF-APPELLANT, v. NISSAN MOTOR CORP., A FOREIGN CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND HORNUNG AUTOMOTIVE SALES & SERVICE, AN ABC CORPORATION, XYZ PARTNERSHIP AND JOE DOE OR JOHN DOES (NAME OR NAMES FICTITIOUS), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1991.

Attorney(s) appearing for the Case

Ernest N. Giannone argued the cause for appellant (Giannone & Curreri, attorneys; Ernest N. Giannone, of counsel; Jeffrey Zajac, on the brief).

Lynn D. Healy argued the cause for respondent Nissan Motor Corporation (Carpenter, Bennett & Morrissey, attorneys; John C. Heavey, of counsel; Lynn D. Healy, on the brief).

Before Judges KING, R.S. COHEN and STERN.

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

We review a dismissal by a Law Division judge of a state court claim for personal injuries. The claim had been asserted previously as a pendent claim in companion federal litigation. We conclude that because the federal claim was dismissed without prejudice and was not adjudicated on the merits, and because the federal court ultimately would have been without

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