CHARLES A. MANGANARO CONSUL. ENGS., INC. v. CARNEYS POINT TP. SEWERAGE AUTH.


781 A.2d 1116 (2001)

344 N.J. Super. 343

CHARLES A. MANGANARO CONSULTING ENGINEERS, INC., A Professional Corporation, Plaintiff-Respondent, v. CARNEYS POINT TOWNSHIP SEWERAGE AUTHORITY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 2001.


Attorney(s) appearing for the Case

Walter J. Ray, Pennsville, argued the cause for appellant (Masten and Ray, attorneys; Mr. Ray, on the brief).

Robert C. Epstein, Morristown, argued the cause for respondent (Porzio, Bromberg & Newman, attorneys; Mr. Epstein, of counsel and on the brief; Joshua H. Abramson, on the brief).

Before Judges SKILLMAN, CARCHMAN and WELLS.


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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