GUZMAN v. JERSEY CITY MEDICAL CTR.


811 A.2d 481 (2002)

356 N.J. Super. 37

German GUZMAN and Monica Guzman, Plaintiffs-Appellants, v. JERSEY CITY MEDICAL CENTER, Doctors Doe, M.D., Nurses Roe, R.N., Jane Poes (medical/health care professionals) and ABC Companies (fictitious names), Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 2002.


Attorney(s) appearing for the Case

Steven Menaker, Jersey City, argued the cause for appellants (Chasan, Leyner, Bariso & Lamparello, attorneys, Secaucus; Mr. Menaker, on the brief).

Sam Rosenberg, West Orange, argued the cause for respondent Jersey City Medical Center (Reiseman Rosenberg & Pfund, attorneys; Robert T. Gunning, on the brief).

Before Judges STERN, COLLESTER and ALLEY.


PER CURIAM.

Plaintiffs appeal from a judgment entered on September 24, 2001, which, "pursuant to N.J.S.A. 2A:53A-29," dismissed their complaint "for failure to state a cause for action" by filing the required affidavit of merit.1 Plaintiffs argue that the case on which the trial court relied, Scaffidi v. Horvitz, 343 N.J.Super. 552,

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