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CRESPO v. STAPF

128 N.J. 351 (1992)

608 A.2d 241

NELSON CRESPO, PLAINTIFF, v. JOSEF STAPF, JOSEF STAPF MASCHINENBAU, DEFENDANTS-RESPONDENTS, AND BETTFEDERENBEAR-BEITUNGSMASCHINEN, SCHACHNE FEATHER COMPANY, HUDSON FEATHER AND DOWN PRODUCTS, INC., PURO DOWN INTERNATIONAL OF NEW JERSEY CORPORATION, PURO INTERNATIONAL OF NEW JERSEY CORP., JOHN DOE (FICTITIOUS) AND ABC COMPANY, (FICTITIOUS), DEFENDANTS, AND JACK PIERMONT AND LERNER AND PIERMONT, ESQS., INTERVENORS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 25, 1992.

Attorney(s) appearing for the Case

John C. Kennedy argued the cause for appellant (O'Donnell, Kennedy, Vespole, Piechta & Trifiolis, attorneys).

George J. Kenny argued the cause for respondents (Connell, Foley and Geiser, attorneys).

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

This appeal poses the question whether the tolling provisions of N.J.S.A. 2A:14-22 before the amendment effective January 16, 1992, L. 1991, c. 387, violated the Commerce Clause as applied to individual nonresident defendants. Before the 1992 amendment, the statute tolled the limitations period against a nonresident defendant during the time the defendant was not residing in this state. The...

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