261 N.J. Super. 232 - Cardona v. Data Systems Computer’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the fictitious name practice authorized by Rule 4:26-4 may be used only when plaintiff does not know or have reason to know the identity of an alleged culpable party. “When a plaintiff knows or has reason to know that he has a cause of action against an identifiable defendant and voluntarily sleeps on his rights so long as to permit the customary period of limitations to expire, the pertinent considerations of individual justice as well as the broader considerations of repose, coincide to bar his claim.” Farrell v. Votator Division of Chemetron Corp. 62 N.J. 111, 115 , 299 A.2d 394 (1973); see also Mario v. Borough of Manasquan, 231 N.J.Super. 320, 334-35 , 555 A.2d 699 (App.Div.1989) [id. at 234-35, 618 A.2d 864 ],”

   1 later decision quote this exact passage · from the majority
   e.g. 277 N.J. Super. 156 - Dimura v. Knapik

2. “In any action, ... if the defendant's true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient for identification. Plaintiff shall on motion, prior to judgment, amend the complaint to state defendant's true name, such motion to be accompanied by an affidavit stating the manner in which that information was obtained.”

   1 later decision quote this exact passage · from the majority
   e.g. 360 N.J. Super. 472 - Claypotch v. Heller, Inc.