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 the dismissal of the first complaint for failure to answer interrogatories was without prejudice and therefore did not bar the filing of a second complaint; additionally, the Court found that the defendants were 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 action, while Justice SCHREIBER concurred in part and dissented in part, questioning the Court’s new rule and urging a hearing on the accrual date.