Legal Opinion
Douglass v. Obade
New Jersey Superior Court Appellate Division
Decided April 4, 2003PublishedCited by 3 opinions
1Opinion of the Court
The opinion of the court was delivered by
PARKER, J.A.D.
Plaintiffs appeal from dismissal of their medical malpractice complaint for failure to file a timely affidavit of merit. We affirm.
It is undisputed that plaintiffs filed the complaint on December 6, 2000 and defendants filed their answer on July 25, 2001. Plaintiffs failed to serve an affidavit of merit within the sixty days following defendants’ answer as required by the statute, N.J.S.A. 2A:53A-27. On November 21, 2001, almost four months after the answer was filed, plaintiffs moved to extend the time within which to file the affidavit.
T…
2Cases cited4 opinions
- Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
- Judson v. Peoples Bank & Trust Co. of WestfieldSupreme Court of New Jersey · 1954
- Burns v. BelafskySupreme Court of New Jersey · 2001
- Galik v. Clara Maass Medical Center a Hospital Corp.Supreme Court of New Jersey · 2001
3Cited by3 opinions
- Estate of Allen v. Cumberland CountyDistrict Court, D. New Jersey · 2017
- DEGENNARO v. GRABELLEDistrict Court, D. New Jersey · 2020
- NADERI v. CONCENTRA HEALTH SERVICES, INC.District Court, D. New Jersey · 2024