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ALBRECHT v. CORRECTIONAL MEDICAL SERVICES

No. A-0605-10T4

27 A.3d 1260 (2011)

422 N.J. Super. 265

Jerald D. ALBRECHT, Plaintiff-Appellant, v. CORRECTIONAL MEDICAL SERVICES, Defendant-Respondent, and Dr. George Achebe and Dr. Raymundo Tagle, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided September 30, 2011.

Attorney(s) appearing for the Case

Roger C. Martindell , Princeton, argued the cause for appellant.

Sean Robins argued the cause for respondent ( Marks, O'Neill , O'Brien & Courtney, P.C., attorneys; Colleen L. Brandt , Pennsauken, on the brief).

Before Judges GRALL, C.L. MINIMAN and LEWINN.

The opinion of the court was delivered by

MINIMAN, J.A.D.

Plaintiff Jerald D. Albrecht appeals on leave granted from an interlocutory order dismissing his complaint as to defendant Correctional Medical Services (CMS) under the provisions of the Affidavit of Merit Statute (AOM Statute), N.J.S.A. 2A:53A-26 to -29. We conclude that CMS is not entitled to the protection of that statute and reverse and remand for reinstatement of plaintiff's complaint.<...

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