A.T. EX REL. T.T. v. COHEN

DOCKET NO. A-0589-14T1

137 A.3d 1218 (2016)

445 N.J. Super. 300

A.T., an infant by her mother and natural guardian, T.T., and T.T., individually, Plaintiffs-Appellants, v. M. COHEN, M.D., Khalid Savaged, M.D., Cindy Galoots, CNM, Julio Caban, M.D., Baohuoing Tran, M.D., and Newark Beth Israel Medical Center, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 27, 2016.


Attorney(s) appearing for the Case

Alan Roth , Newark, argued the cause for appellants (Bendit Weinstock, P.A. and Gary P. Falkowitz (Parker Waichman LLP), attorneys; Mr. Roth, on the briefs).

Lauren M. Strollo , Union, argued the cause for respondents (Vasios, Kelly & Strollo, P.A., attorneys; Ms. Strollo, of counsel and on the brief; Linda Fulop-Slaughter , on the brief).

Before Judges FISHER, ESPINOSA, and CURRIER.


The opinion of the court was delivered by

The issue in this medical malpractice case is whether the minor plaintiff can take a voluntary dismissal without prejudice to avoid a dismissal with prejudice of her complaint for the failure to provide an affidavit of merit (AOM) within the required timeframe...

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