GBV Prevails in Statute of Limitations Ruling

May 30, 2007

11-2-7477 Thakar v. JFK Medical Center, App. Div. (per curiam) (11 pp.) The plaintiff-physician sued the defendant hospital, claiming breach of his residency contract.  The primary issue on appeal is whether tolling principles applied to preserve this state court action that was originally timely filed in, and later dismissed by, the federal court, after the normally-applicable statute of limitations had already expired.  Because plaintiff did not act promptly to file his state court action after dismissal of his federal action, the appellate panel affirms the state court's dismissal of the case.