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BENDER v. WALGREEN EASTERN CO.

No. A-4664-06T1

945 A.2d 120 (2008)

399 N.J. Super. 584

Michael BENDER, Plaintiff-Appellant, v. WALGREEN EASTERN CO., INC., Defendant-Respondent, and Dr. Stanley Knep, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 2008.

Attorney(s) appearing for the Case

Michael J. Liloia argued the cause for appellant (Bisceglie & DeMarco, West Paterson, attorneys; Alan K. Albert, on the brief).

Michael W. Starr, Morristown, argued the cause for respondent (Coughlin Duffy LLP, attorneys; James P. Lisovicz, of counsel; Mr. Starr, on the brief).

Before Judges COBURN, FUENTES and GRALL.

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

Plaintiff Michael Bender did not comply with the affidavit of merit statute, N.J.S.A. 2A:53A-27. On that ground, the trial court dismissed a complaint in which Bender alleged that defendant Walgreen Eastern Co., Inc. (Walgreens) breached its duty of care by giving him "Prednisone" when he presented a prescription for "Primidone." Plaintiff appeals from that final order.2 We...

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