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Andrew J. Carlowicz, Jr. obtains successful case dismissal.

04.13.2018

In a claim of $4.5 million against a multi-discipline design professional firm, Andrew J. Carlowicz, Jr. obtained a successful dismissal of the case in its entirety based on the applicable six (6) year statute of limitations. Because the law in New Jersey affords a plaintiff refuge from the statute of limitations based on the “discovery rule” doctrine, and the court had determined that a factual dispute existed as to whether the plaintiff/condominium association had the opportunity to “discover” it had a claim against Mr. Carlowicz’s client, a plenary hearing was ordered. During the hearing, Mr. Carlowicz prevailed in proving that the plaintiff should have known it had a potential claim against his client – while denying the legitimacy of the claim itself – and as result, the court summarily dismissed all claims.