Search Rutgers Law Library N.J. Court Opinions

16 obert Buck v. James R. Henry, M.D. -- rank: 762

... physician’s treatment “fell outside acceptable professional” standards. See N.J.S.A. 2A:53A-27. Under the Affidavit of Merit statute, N.J.S.A ... outside acceptable professional or occupational standards or treatment practices.” N.J.S.A. 2A:53A-27. The affidavit is due within 60 days of the defendant� ... which was enacted in 2004. See L. 2004, c. 17; N.J.S.A. 2A:53A-27. The basic principle behind N.J.S.A. 2A:53A ... to the merit of the claim raised in the complaint. N.J.S.A. 2A:53A-27. The statute includes a fixed timeframe for service of the ... failure to state a claim that requires dismissal with prejudice. N.J.S.A. 2A:53A-27, -29. Through those three pronouncements, the Legislature spoke in a ...

docket:	a-10-10
court:	NJ Supreme Court
decided:	2011-08-22
status:
citation:
Document Size:	96222

17 COWEN JACOBS v. HAGIT LEVINSON -- rank: 759

... by a timely filed affidavit of merit as required under N.J.S.A. 2A:53A-27. In response to the motion, defendant made arguments addressed to ... her malpractice claim fell within the 'common knowledge' exception to N.J.S.A. 2A:53A-27. At oral argument on the motion, defendant noted she was ... did not provide an affidavit of merit in accordance with N.J.S.A. 2A:53A-27. See N.J.S.A. 2A:53A-29 (providing a ... failure to provide an affidavit of merit as required under N.J.S.A. 2A:53A-27 'shall be deemed a failure to state a cause of ... unnecessary under the common knowledge exception to the requirements of N.J.S.A. 2A:53A-27. We reject defendant's argument the court erred in its application of the common knowledge exception to N.J.S.A. 2A:53A-27 because the argument was not made before the motion ...

docket:	a0899-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-17
status:	Unpublished
citation:
Document Size:	60307

18 JACQUELINE NGUYEN v. HARMON H. LOOKHOFF -- rank: 757

... sixty days of the filing date of his answer. See N.J.S.A. 2A:53A-27. The letter further informed Nguyen of Lookhoff's intention to ... with prejudice for failure to comply with the mandate of N.J.S.A. 2A:53A-27. Nguyen replied to Lookhoff's counsel by letter dated June ... facts and is based on the claimed erroneous application of N.J.S.A. 2A:53A-27 by the motion judge, our review of the motion court ... Township Comm. of Manalapan , 140 N.J. 366 , 378 (1995)). N.J.S.A. 2A:53A-27 requires that: In any action for damages for personal injuries ... filed within sixty days of the filing of the answer. N.J.S.A. 2A:53A-27. However, "if provided within sixty-one to 120 days after ... to hold a Ferreira conference affected the time constraints of N.J.S.A. 2A:53A-27 was unsettled. In Saunders ex rel. Saunders v. Capital ...

docket:	a1302-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-02
status:	unpublished
citation:
Document Size:	28101

19 TROY HAVILAND v. LOURDES MEDICAL CENTER OF BURLINGTON COUNTY, INC. -- rank: 741

... that an AOM was required by August 9, 2019. See N.J.S.A. 2A:53A-27 (mandating service of an AOM within sixty days of the ... remaining sixty-day extension for service of the AOM under N.J.S.A. 2A:53A-27 (permitting one additional sixty-day period to provide an AOM ... premises, which would not trigger application of the AMS. See N.J.S.A. 2A:53A-27. The judge determined she was bound by our decision in ... negligence by a licensed person in his profession or occupation.' N.J.S.A. 2A:53A- -27. A-1349-19T3 6 The term 'licensed person' is defined ... initially-pled direct claims of medical negligence against Lourdes. See N.J.S.A. 2A:53A-27 (requiring the plaintiff in a professional negligence action to 'provide ...

docket:	a1349-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-27
status:	Published
citation:
Document Size:	25715

20 NEWJERSEY A-0876-13T1 MARK LANG and DORIS LANG INDIVIDUALLY, AND DORIS LANG AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF JOSEF F LANG v. MORRISTOWN MEMORIAL HOSPITAL GORYEB CHILDREN'S CENTER BLAIR BELTZER, M.D CHILTON MEMORIAL HOSPITAL, COLIN O'REILLY -- rank: 733

... failing to comply with the affidavit of merit (AOM) statute. N.J.S.A. 2A:53A-27. Plaintiffs further appeal from the September 17, 2013 order denying ... hospital, and asserted that plaintiffs' claims must be supported by N.J.S.A. 2A:53A-27. The AHS defendants filed an answer and cross-claim in ... that an AOM in each specialty was required. Pursuant to N.J.S.A. 2A:53A-27, within sixty days after the filing of an answer to ... asserted that Flancbaum's "blanket affidavit" did not comport with N.J.S.A. 2A:53A-27, which requires plaintiffs "to provide each defendant with an affidavit ... has a recognized specialty. Consistent with the statutory requirements of N.J.S.A. 2A:53A-27 and N.J.S.A. 2A:53A-41, as well ...

docket:	a0876-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	50551

21 CLIFFORD HARBESON v. UNDERWOOD-MEMORIAL HOSPITAL -- rank: 727

... Mason , supra , 196 N.J. at 68. We begin with N.J.S.A. 2A:53A-27. On June 29, 1995, Gover�nor Whitman signed a bundle ... least five years. [ L. 1995, c. 139, � 2 (codified as N.J.S.A. 2A:53A-27).] "Licensed persons" included accountants, architects, attorneys, dentists, engineers, physicians, podiatrists ... 2A:53A-26(a)-(j). Under the original version of N.J.S.A. 2A:53A-27, when a plaintiff alleged general medical malpractice, the affidavit of ... Act"), L. 2004, c. 17, which, among other things, modified N.J.S.A. 2A:53A-27 where medical malpractice was at issue. In adopting the Medical ... 188 N.J. 491 (2006). The Medical Care Act amended N.J.S.A. 2A:53A-27 by adding the following emphasized language to the AOM statute ... or the [AOA] . . . . [ L. 2004 c. 17, � 7 (codified as N.J.S.A. 2A:53A-27. We reject this argument because we have already determined ...

docket:	a2151-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-24
status:	unpublished
citation:
Document Size:	63309

22 Twanda Jones v. Morey Pier, Inc. -- rank: 725

... Joint Tortfeasors Contribution Law with the Affidavit of Merit Act, N.J.S.A. 2A:53A-27 to -29. Id. at 307-08. The trial court had ...

docket:	A-75-15
court:	NJ Supreme Court
decided:	2017-07-27
status:
citation:	230 N.J. 142 165 A.3d 769
Document Size:	127291

23 GENNARO SIRIANNI v. NETWORK MANAGEMENT LTD. -- rank: 725

... plaintiff's affidavit of merit was, as set forth in N.J.S.A. 2A:53A-27, sixty days after KMB and Volver filed their answer to ... provide an affidavit of merit within the time prescribed by N.J.S.A. 2A:53A-27, and his complaint should therefore be dismissed with prejudice; and ... defendant-professional deviated from the applicable standard of care. 2 N.J.S.A. 2A:53A-27. Requiring a plaintiff to provide an affidavit of merit establishes ... focus our attention upon the statutory deadline for doing so. N.J.S.A. 2A:53A-27 states in pertinent part: In any action for damages for ... th[e] sixty-one to 120-day period" established by N.J.S.A. 2A:53A-27, "[n]eglecting to provide an affidavit of merit after the ... to their profession. Additionally, within the 120-day period of N.J.S.A. 2A:53A-27, defendants' attorney definitively notified plaintiff's counsel that an ...

docket:	a2313-11
court:	NJ Superior Court Appellate Division
decided:	2012-08-06
status:	unpublished
citation:
Document Size:	32900

24 FRANCINE M. ASTER, GUARDIAN AD PROSEQUENDUM OF SALVATORE GAROFALO, et al. v. SHORELINE BEHAVIORAL HEALTH, et al, -- rank: 711

... the time for filing an affidavit of merit pursuant to N.J.S.A. 2A:53A-27, See footnote 1 1 requested that Shoreline Behavioral Health, now ... affidavit of merit did not come within the protection of N.J.S.A. 2A:53A-27, if leave of court for the extension were granted. Aster ... days after Shoreline answered the complaint on November 22, 1999. N.J.S.A. 2A:53A-27 allows an affidavit of merit to be filed within sixty ...

docket:	A0124-00
court:	NJ Superior Court Appellate Division
decided:	2002-01-18
status:	published
citation:	346 N.J. Super. 536 788 A.2d 821
Document Size:	33803

25 NINA HUBBARD, as Guardian Ad Litem of NIA HUBBARD, her minor child v. JOSEPH REED, D.D.S, <br -- rank: 711

... malpractice appeal, we must determine whether an affidavit of merit, N.J.S.A. 2A:53A-27, must be filed in a malpractice action in which plaintiff ... 60 days following the date of filing" of defendants' answer. N.J.S.A. 2A:53A-27. Plaintiff opposed the motion on the ground that since no ... affidavit of merit statute applies to malpractice actions against dentists. N.J.S.A. 2A:53A-27 or N.J.S.A. 2A:53A-28], it shall ... negligence by a licensed person in his profession or occupation." N.J.S.A. 2A:53A-27 (emphasis added). The statute does not direct that the word ... N.J. 553 , 559 (1995). The clear statutory requirement of N.J.S.A. 2A:53A-27 is that an affidavit of merit is required in all ... claim. There is no ambiguity in the mandatory language of N.J.S.A. 2A:53A-27. To construe 2A:53A-27 so that it does ...

docket:	a5827-98
court:	njappellate
decided:	2000-05-15
status:	published
citation:	331 N.J.Super. 283
Document Size:	31846

26 RICHARD A. CARR v. OUR LADY OF LOURDES MEDICAL CENTER -- rank: 706

... and substantive requirements of the Affidavit of Merit (AOM) Statute, N.J.S.A. 2A:53A-27. Although we do not agree with the trial court's ... filing of the answer to the complaint by the defendant." N.J.S.A. 2A:53A-27. The statute permits the court to "grant no more than ... provide each defendant" with an AOM within the time period. N.J.S.A. 2A:53A-27. Since the statute is designed to inform a defendant early ... the case with an AOM that was fully compliant with N.J.S.A. 2A:53A-27 , the AOMs prepared for each defendant, which were identical except ... care. The language of the AOM mirrors the language of N.J.S.A. 2A:53A-27. The sole fact relevant to an assessment of the claim ...

docket:	a0143-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-19
status:	unpublished
citation:
Document Size:	49827

27 ESTATE OF LAURA CHRISTINE SEMPREVIVO v. HASSAN LAHHAM -- rank: 701

... including a demand for an affidavit of merit pursuant to N.J.S.A. 2A:53A-27. 1 On August 31, 2021, the court granted defendant's ... plaintiffs' failure to submit an affidavit of merit pursuant to N.J.S.A. 2A:53A-27. The judge found plaintiffs' counsel had 'not follow[ed] through ... days of the defendant's filing of an answer. See N.J.S.A. 2A:53A-27. In the affidavit the plaintiff's medical expert A-0907 ... v. Thompson, 167 N.J. 551, 559-60 (2001) (quoting N.J.S.A. 2A:53A-27). Underscoring the significance of the affidavit-of-merit requirement, the ... to file the affidavit . . . upon a finding of good cause.' N.J.S.A. 2A:53A-27. A-0907-21 10 'The purpose of the [AOM] statute ...

docket:	a0907-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-20
status:	Unpublished
citation:
Document Size:	28412

28 RICHARD J. MANGONE, JR v. MORRIS COUNTY SURGICAL CENTER -- rank: 698

... denied his motion to be relieved from the requirements of N.J.S.A. 2A:53A-27, and dismissed his complaint with prejudice against defendant Vadim Barg ... to file an affidavit of merit (AOM) as required by N.J.S.A. 2A:53A-27. The court denied plaintiff's application for relief from the ... counsel, "an affidavit of merit [was] not required pursuant to N.J.S.A. 2A:53A-27." Barg opposed the motion, confirming that the records at issue ... fell outside acceptable professional or occupational standards or treatment practices." N.J.S.A. 2A:53A-27. It must be filed within sixty days after a defendant ... subject to the same sixty-day period set forth in N.J.S.A. 2A:53A-27. Id. at 550. We recognized in Balthazar v. Atlantic City ...

docket:	a1200-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-17
status:	unpublished
citation:
Document Size:	35048

29 ROBERT ROCCO MOROSINE v. JERRY BOORSTEIN, D.O -- rank: 698

... to file a properly conforming Affidavit of Merit pursuant to N.J.S.A. 2A:53A-27." On May 13, 2009, plaintiffs moved to vacate the April ... failure to supply an Affidavit of Merit as required by N.J.S.A. 2A:53A-27; the orders did not state whether the dismissal was with ... for failure to provide a sufficient Affidavit of Merit under N.J.S.A. 2A:53A-27. That section of the Affidavit of Merit statute requires that ... facts and is based on the claimed erroneous application of N.J.S.A. 2A:53A-27 by the motion court, our review of the court's ... Affidavit of Merit did not comply with the requirements of N.J.S.A. 2A:53A-27. Neither did the court err in dismissing the second complaint ... requesting an extension to file the Affidavit of Merit under N.J.S.A. 2A:53A-27. The statute permits the court to "grant no more ...

docket:	a3038-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-07
status:	unpublished
citation:
Document Size:	39556

30 Abby Ryan, et al. v. Andrew Renny, M.D. -- rank: 685

... pursuant to this section, upon a finding of good cause. [ N.J.S.A. 2A:53A-27.] The statute applies to all actions for damages based on ... fell outside acceptable professional or occupational standards or treatment practices. [ N.J.S.A. 2A:53A-27.] The AMS also provides that “[t]he court may ...

docket:	a-50-09
court:	NJ Supreme Court
decided:	2010-07-22
status:
citation:	203 N.J. 37 999 A.2d 427
Document Size:	127896