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SNYDER v. PASCACK VALLEY HOSPITAL

No. 01-4102.

303 F.3d 271 (2002)

Theresa SNYDER, Administratrix of the Estate of Stanley Snyder, Deceased; Theresa Snyder, in her own right, v. PASCACK VALLEY HOSPITAL; Directcare Medical Services, L.L.C.; Mardik Donikyan, M.D.; Clyde A. Hershan, M.D. Theresa Snyder, Administratrix of the Estate of Stanley Snyder, Deceased; Theresa Snyder, in her own right, v. Pascack Emergency Services, P.A. Theresa Snyder, Administratrix of the Estate of Stanley Snyder, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 22, 2002.

Attorney(s) appearing for the Case

Clifford E. Haines, (argued), Litvin, Blumberg, Matusow & Young, Philadelphia, PA, for appellant.

William J. Buckley, (argued), Kimberly A. Boyer, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Mardik Donikyan, M.D.

Lawrence H. Jacobs, (argued), Robert J. Maloof, Hein, Smith, Berezin, Maloof & Jacobs, Hackensack, NJ, for Pascack Valley Hospital.

Before: McKEE, WEIS and DUHE, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

New Jersey legislation requires the plaintiff in a malpractice suit to provide an affidavit of merit within 120 days after defendant's answer is filed. Using the date defendant filed his answer to the first amended complaint as the beginning point, the District Court found that plaintiff's affidavit was untimely and dismissed the suit. We conclude that the time limit began to run on the date the defendant filed his...

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