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RTC MORTG. TRUST 1994 N-1 v. FIDELITY NAT. TITLE INS. CO.

No. CIV. A. 96-5874.

981 F.Supp. 334 (1997)

RTC MORTGAGE TRUST 1994 N-1, a limited liability Delaware business trust, Plaintiff, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Nations Title Insurance Company, Eastern Developers Abstract, Inc., Caine, Dipasqua, Sloane & Raffaele f/k/a Caine, Dipasqua, Sloane, Raffaele & Nigro, Lawyers Title Insurance Corporation, and Rocco M. Nigro, Defendants.

United States District Court, D. New Jersey.

October 20, 1997.

Attorney(s) appearing for the Case

Jonathan L. Goldstein, John A. Adler, Hellring, Lindeman, Goldstein & Siegal, Newark, NJ, for Plaintiff, RTC Mortgage Trust 1994 N-1, a limited liability Delaware business trust.

Michael S. Miller, Tompkins, McGuire & Wachenfeld, Newark, NJ, for Defendant, Caine, DiPasqua, Sloane & Raffaele f/k/a Caine, DiPasqua, Sloane, Raffaele & Nigro.

Charles J. Vinicombe, Drinker, Biddle & Reath, Princeton, NJ, for Defendant, Lawyers Title Insurance Corporation.

Josiah A. Knapp, Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, Cherry Hill, NJ, for Defendants, Fidelity National Title Insurance Company and Nations Title Insurance Company.

Rocco M. Nigro, Media, PA, pro se.

OPINION

ORLOFSKY, District Judge.

This case requires the Court to address several novel and thorny questions of federal and state law arising from the enactment of a relatively recent New Jersey statute, N.J.S.A. 2A:53A-26 to 29, the so-called "Affidavit of Merit" statute, which became effective on June 29, 1995. This statute provides that in order to survive a motion to dismiss for failure to state a claim,...

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