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ASTER v. SHORELINE BEHAVIORAL HEALTH

788 A.2d 821 (2002)

346 N.J. Super. 536

Francine M. ASTER, Guardian Ad Prosequendum of Salvatore GAROFALO, and Ann Garofalo, his wife, Plaintiff-Appellant, v. SHORELINE BEHAVIORAL HEALTH, an affiliate of Saint Barnabas Health Care System, a/k/a Shoreline Behavioral Health Center, et al, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 2002.

Attorney(s) appearing for the Case

Joel M. Bacher, Wayne, argued the cause for appellant (Mr. Bacher, of counsel and on the brief).

Laura H. Walter argued the cause for respondent (Ronan, Tuzzio & Giannone, attorneys; Ms. Walters of counsel and on the brief).

Before Judges PETRELLA, KESTIN, and ALLEY.

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

In this appeal, we apply N.J.S.A. 2A:53A-28, a provision of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to 29, and we do so in the context of the right of a patient or the patient's legal representative to obtain his or her own medical records. Plaintiff, well before the institution of suit, and therefore before the running of the time for filing...

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