HIGHLAND LAKES v. NICASTRO

No. A-4260-07T1

966 A.2d 1102 (2009)

406 N.J. Super. 145

HIGHLAND LAKES COUNTRY CLUB AND COMMUNITY ASSOCIATION, Plaintiff, v. Frank W. NICASTRO, Sr., and Lisa Ann Nicastro, Defendants/Third-Party Plaintiffs-Respondents, v. Suburban Consulting Engineers, Inc., and Martin Sikorski, P.L.S., Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 2009.


Attorney(s) appearing for the Case

William T. McGloin, Roseland, argued the cause for appellants (Connell Foley, attorneys; Mr. McGloin, of counsel and on the brief; Christian J. Jensen, on the brief).

Michael J. Sweeney, Trenton, argued the cause for respondents (Hunziker, Jones & Sweeney, attorneys; Mr. Sweeney, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.


The opinion of the court was delivered by

GRALL, J.A.D.

By leave granted, third-party defendants Suburban Consulting Engineers, Inc., and Martin Sikorski, P.L.S., (collectively SCE) appeal from the denial of a motion to dismiss a third-party complaint for failure to comply with the Affidavit of Merit Statute (Statute), N.J.S.A. 2A:53A-26 to 29. We conclude that application of the Statute would be inconsistent with its overall purposes under the present...

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