In Galligan v. Westfield Centre Service, Inc., 82 N.J. 188, 412 A.2d 122 (1980) the plaintiff's attorney incorrectly filed a wrongful death and survival claim in the federal court. While that action was pending and before the district court ruled on the defendants' motion to dismiss, the plaintiff filed a complaint in the Law Division. The Law Division dismissed the survival claim on the basis of the statute of limitations, and we denied leave to appeal. The Supreme Court reversed, holding that "unswerving, 'mechanistic' application of the statute of limitations would . . . inflict obvious and unnecessary harm . . . without advancing any legislative purpose." Id. at 192, 412 A.2d 122. In reaching this conclusion, the Court stressed that "timely notice of plaintiff's survival claims--albeit by the unconventional vehicle of a jurisdictionally deficient complaint--had alerted defendants to the possibility of having to defend against the allegations." Id. at 193-94, 412 A.2d 122.