NEWELL v. RUIZ

No. 00-2091.

286 F.3d 166 (2002)

Monique NEWELL, Administratrix of the Estate of Romona Newell, Appellant, v. Abraham RUIZ, M.D., individually and as Partner of Radiology Professional Association; Radiology Professional Association.

United States Court of Appeals, Third Circuit.

Filed April 10, 2002.


Attorney(s) appearing for the Case

Elise Dinolfo (Argued), Elliott Abrutyn, Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Livingston, NJ, for Appellant.

Philip F. Mattia (Argued), Philip F. Mattia & Associates, Wayne, NJ, for Appellees.

Before SCIRICA, AMBRO and GIBSON, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

Romona Newell appeals the dismissal with prejudice of her medical malpractice claim for failure to timely file an Affidavit of Merit in accordance with N.J. Stat. Ann. SS 2A:53A-26-29 (the Affidavit of Merit Statute). The issue on appeal is whether Newell's compliance with New York's Civil Practice Law and Rules S 3012-a (N.Y. C.P.L.R. § 3012-a, the Certificate of Merit Statute) satisfied New Jersey's requirements...

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