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HYMAN ZAMFT AND MANARD, L.L.C. v. CORNELL

309 N.J. Super. 586 (1998)

HYMAN ZAMFT AND MANARD, L.L.C., PLAINTIFFS, v. GERALD R. CORNELL, ANTHONY ADAMO, STEPHEN LEVATINO AND G.A.S. HOLDINGS LIMITED, L.L.C., DEFENDANTS-APPELLANTS, AND NOWELL, AMOROSO & MATTIA, P.A., JEFFREY C. MASON AND RAY SAOUD FARMS, INC., DEFENDANTS. NOWELL, AMOROSO & MATTIA, P.A., AND JEFFREY C. MASON, THIRD-PARTY PLAINTIFFS/RESPONDENTS, v. RAY SAOUD, INDIVIDUALLY AND SAOUD ENTERPRISES, INC., THIRD-PARTY DEFENDANTS/APPELLANTS, AND RAY SAOUD FARMS, INC. AND NORRIS, MCLAUGHLIN AND MARCUS, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 1998.

Attorney(s) appearing for the Case

John J. Stern, argued the cause for appellants Gerald R. Cornell, Anthony Adamo, Stephen Levatino and G.A.S. Holdings Limited, L.L.C. (Stern, Berenbroick, attorneys; Mr. Stern, of counsel; Joanne Nowicki, on the brief).

Joseph C. Petriello, argued the cause for appellants Ray Saoud and Saoud Enterprises, Inc.

Evelyn R. Storch, argued the cause for respondents (Tompkins, McGuire & Wachenfeld, attorneys; Ms. Storch, of counsel and on the brief; David M. Blackwell, on the brief).

Before Judges LONG, STERN and KIMMELMAN.

The opinion of the court was delivered by KIMMELMAN, J.A.D.

We granted leave to appeal from two orders entered by the Law Division on June 3, 1997, (1) denying the motion by the third-party defendants Ray Saoud, Saoud Enterprises, Inc., and Ray Saoud Farms, Inc. ("the Saoud parties"), seeking leave to file an out-of-time affidavit of merit, pursuant to N.J.S.A. 2A:53A-27, and dismissing their counterclaim for legal malpractice against defendants and third-party...

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