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SCAFFIDI v. HORVITZ

779 A.2d 439 (2001)

343 N.J. Super. 552

Peter SCAFFIDI, Plaintiff-Appellant, v. Lewis L. HORVITZ, M.D., Cardiovascular Associates of the Delaware Valley, P.A., and Our Lady of Lourdes Medical Center, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2001.

Attorney(s) appearing for the Case

Benedict A. Casey, Philadelphia, PA, argued the cause for appellant (Beasley, Casey & Erbstein, attorneys; Mr. Casey, on the brief).

Sharon K. Galpern, Mount Laurel, argued the cause for respondents Lewis Horvitz, M.D. and Cardiovascular Associates of the Delaware Valley, P.A. (Stahl & DeLaurentis, attorneys; John A. Talvacchia and Ms. Galpern, on the brief).

Timothy P. O'Brien, Pleasantville, argued the cause for respondent Our Lady of Lourdes Medical Center (Paarz, Master, Koernig, Crammer, O'Brien & Bishop, attorneys; Mr. O'Brien, on the brief).

Before Judges SKILLMAN and LISA.

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

The Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to 29, states that a plaintiff in a malpractice action may be relieved of the obligation to provide the defendant with an affidavit of merit if the defendant fails to provide medical records or other information "having a substantial bearing on preparation of the affidavit" within forty-five days of a request for such information. N.J.S.A....

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