Date: 03-20-2001

Case Style: Doris Kritzberg v. Francis Tarsny

Case Number: A3604-99

Judge: Alley

Court: Superior Court of New Jersey, Appellate Division

Plaintiff's Attorney: David Finkler, Wayne, New Jersey

Defendant's Attorney: Matthew S. Schorr of McDonough, Korn & Eichorn, Springfield, New Jersey

Description: In this appeal we again interpret and apply the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27. In this medical malpractice action, the appeal involves both an affidavit of merit which was untimely served, and interrogatory answers certified by the injured plaintiff which described the expert's opinion and which were served within the statutory 120 day period. The motion court dismissed the action for failure to comply with the Affidavit of Merit Statute and we affirm.

On January 5, 1999, a complaint alleging medical malpractice was filed in the Law Division on behalf of Doris Kritzberg and her husband Dr. Nathan Kritzberg. It was served on March 19, 1999. The alleged negligence occurred during Mrs. Kritzberg's treatment by defendant for foot and ankle problems, extending from December 12, 1995 through January 24, 1997, and including surgery on October 30, 1996.

On May 4, 1999, after the time for an answer had already expired, defendant's counsel requested and received an extension of that time. Defendant's answer was served on June 3, 1999, together with supplemental interrogatories. The answer specifically demanded that plaintiffs furnish an affidavit of merit. Shortly thereafter, defendant provided answers to certain interrogatories.

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Outcome: Affirmed.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None