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Nicholson v. Cooney6/30/1994
es Nelson and Gray, to the effect that it cannot be applied because the original action was, in fact, brought by Natelson and the second action was brought by Nicholson, even though the issues involved were the same, and even though common sense required resolving the first action before filing the second action, exalts form over substance. The approach taken by the dissenters is unduly mechanical and without regard for the equitable principles which are being invoked. In short, I find that the dissenting opinion on this subject is the antithesis of equity.
For these reasons, I concur with the majority's conclusion that the statute of limitations was equitably tolled.
JUSTICE HUNT joins in the foregoing dissent.
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