The opinion of the court was delivered by SKILLMAN, P.J.A.D.
This appeal involves the applicability of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, to counterclaims and affirmative defenses that are based on allegations of professional malpractice. We conclude that a defendant may raise an affirmative defense alleging malpractice without filing an affidavit of merit. However, a counterclaim for malpractice is subject to the Affidavit of Merit...
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