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MAYFIELD v. COMMUNITY MED. ASSOC., P.A.,

762 A.2d 237 (2000)

335 N.J. Super. 198

Billy Dean MAYFIELD and Karen Mayfield, Plaintiffs-Respondents, v. COMMUNITY MEDICAL ASSOCIATES, P.A., Joseph W. Schauer, III, M.D., Joseph W. Schauer, Jr., M.D., Ina J. Kelemer, M.D., Keith J. Keefer, M.D., Deepak Taneja, M.D., and Neil Agrawal, M.D., Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 2000.

Attorney(s) appearing for the Case

Lauren H. Walter argued the cause for appellants (Ronan, Tuzzio & Giannone, Tinton Falls, attorneys; Ms. Walter, of counsel and on the brief).

John F. McLaughlin argued the cause for respondents (Auerbach, Ryan, McLaughlin & Genz, attorneys; Philip G. Auerbach, Red Bank, of counsel; Mr. McLaughlin, on the brief).

Before Judges PRESSLER, KESTIN, and ALLEY.

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

This appeal presents another opportunity for interpretation and application of the affidavit of merit statute, N.J.S.A. 2A:53A-27. It arises in the context of a medical malpractice action and involves both an affidavit of merit timely filed but not

served, and an expert's report timely served but not sworn.

Plaintiffs' complaint was filed on April...

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