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Sunday, January 24, 2016

VICTOR ROSARIO, ET AL. VS. MARCO CONSTRUCTION AND MANAGEMENT INC. A/K/A MARCO CONSTRUCTION, ET AL. A-1562-14T3

VICTOR ROSARIO, ET AL. VS. MARCO CONSTRUCTION AND MANAGEMENT INC. A/K/A MARCO CONSTRUCTION, ET AL. 
A-1562-14T3 

Plaintiffs urged us to conclude that in tort cases, the commencement of the statute of limitations (SOL) under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20 to -34, runs from a different date than in commercial contract transaction cases. Plaintiffs admitted that in commercial contract transaction cases, the SOL runs from the date of the transfer. They maintained, however, that in tort cases, the SOL is triggered once they obtain a judgment. We declined to make that distinction, concluded that the SOL under N.J.S.A. 25:2-31(a) expired, and affirmed an order denying their motion to file a fourth amended complaint.