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BAEZ v. PAULO

Docket No. A-3742-16T3.

182 A.3d 403 (2018)

453 N.J. Super. 422

Mariana A. BAEZ, as General Administrator and Administratrix of the Estate of Freddy A. Baez, deceased, and Mariana A. Baez, individually, Plaintiffs-Respondents/Cross-Appellants, v. Jimmy M. PAULO, M.D., Wayne J. Caputo, D.P.M., Defendants, and Andrey Silkov, M.D., Sacha Balmir, D.O., and Seong Choi, M.D., Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 2018.

Attorney(s) appearing for the Case

Kevin J. Clancy (Lowis & Gellen, LLP) of the Illinois bar, admitted pro hac vice, argued the cause for appellants/cross-respondents (Marshall Dennehey Warner Coleman & Goggin, PC and Kevin J. Clancy, attorneys; Louis A. Ruprecht , on the brief; Walter F. Kawalec and Lynne N. Nahmani , on the brief).

David Maran argued the cause for respondents/cross-appellants (Maran & Maran, PC, attorneys; David Maran, on the briefs).

Before Judges Sabatino, Whipple and Rose.

The opinion of the court was delivered by

The interlocutory appeal and cross-appeal in this medical malpractice and wrongful death case concern timeliness issues. The issues arise out of two facets of the Law Division motion judge's March 17, 2017 decision. First, the judge held that the fictitious pleading process under...

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