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DIVER v. GROSS & MESSER, P.C.

722 A.2d 623 (1998)

317 N.J. Super. 547

John DIVER and Janice Diver, his wife, Plaintiffs, v. GROSS, HANLON, TRUSS & MESSER, P.C., Christopher J. Hanlon, Randi M. Wiener, and John/Jane Doe(s), fictitious Defendants, individually, jointly and severally, Defendants.

Superior Court of New Jersey, Law Division (Civil), Middlesex County.

Decided October 2, 1998.

Attorney(s) appearing for the Case

Charles A. Cerussi, Middletown, for plaintiffs (Giordano, Halleran & Ciesla, attorneys).

Douglas Motzenbecker, Newark, for defendants (Tompkins, McGuire & Wachenfeld, attorneys).

DERMAN, J.S.C.

This case presents the novel and important issue of when the legally significant facts of attorney malpractice arise with respect to a lapsed statute of limitations for purposes of the requirement of filing an affidavit of merit under N.J.S.A. 2A:53A-27.

Plaintiff, John Diver (Diver), was injured in a workplace accident on December 4, 1992. He retained the law firm of Gross Hanlon Truss Messer, P.C. (Gross, Hanlon) to represent him in...

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