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TUNIA v. ST. FRANCIS HOSPITAL

832 A.2d 936 (2003)

363 N.J. Super. 301

Laura TUNIA and Reginald W. Tunia, Jr., Plaintiffs-Appellants, v. ST. FRANCIS HOSPITAL, Defendant, John B. Del Monte, D.P.M., Defendant-Respondent, and John Does 1-5, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 2003.

Attorney(s) appearing for the Case

Kevin Campbell, Freehold, argued the cause for appellant (Zemel & Zemel, attorneys; Margo Zemel, of counsel; Mr. Campbell, on the brief).

James J. Tutak, Jersey City, argued the cause for respondent (William P. Exaros, of counsel; Mr. Tutak and Mr. Exaros, on the brief).

Before Judges WEFING, COLLESTER and FUENTES.

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

Plaintiffs appeal from a trial court order granting the motion of defendant Del Monte to dismiss plaintiffs' complaint for failure to satisfy the requirements of the Affidavit of Merit statute, N.J.S.A. 2A:53A-27. After reviewing the record in light of the contentions advanced on appeal, we affirm.

In 1997, defendant Del Monte performed two podiatric surgeries upon plaintiff Laura Tunia.

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