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KRITZBERG v. TARSNY

768 A.2d 810 (2001)

338 N.J. Super. 254

Doris KRITZBERG and Nathan Kritzberg, Plaintiff-Appellants, v. Francis TARSNY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 2001.

Attorney(s) appearing for the Case

David Finkler, Wayne, argued the cause for appellants.

Matthew S. Schorr, Springfield, argued the cause for respondent (McDonough, Korn & Eichorn, attorneys; Mr. Schorr, of counsel and on the brief).

Before Judges KESTIN, CIANCIA and ALLEY.

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

In this appeal we again interpret and apply the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27. In this medical malpractice action, the appeal involves both an affidavit of merit which was untimely served, and interrogatory answers certified by the injured plaintiff which described the expert's opinion and which were served within the statutory 120 day period. The motion court dismissed the action for...

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