Anthony Zaccardi and Eugenia J. Zaccardi, His Wife, Plaintiffs-Appellants v. George L. Becker, M.D., and Jerome…

Summary

The Supreme Court of New Jersey held that a dismissal for failure to answer interrogatories is without prejudice and that the defendants are equitably estopped from asserting the statute of limitations as an affirmative defense, reversing the Appellate Division and remanding for further proceedings. Justice Pollock dissented, arguing the statute of limitations bars the second complaint, while Justice Schreiber concurred in part and dissented in part, criticizing the majority’s new rule on second‑complaint dismissals.