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BURNS v. BELAFSKY

766 A.2d 1095 (2001)

166 N.J. 466

Denise L. BURNS and Matthew Burns, w/h, Plaintiffs-Respondents, v. Mark L. BELAFSKY, M.D., Robert B. Belafsky, M.D., Belafsky and Belafsky, M.D., P.A., and Ira Stark, D.O., Defendants-Appellants, South Jersey Imaging Associates, P.A., Defendant.

Supreme Court of New Jersey.

Decided February 26, 2001.

Attorney(s) appearing for the Case

Robert E. Paarz, Pleasantville, and Thomas B. Leyhane, Lawrenceville, argued the cause for appellants (Paarz, Master, Koernig, Crammer, O'Brien, Bishop & Horn, attorneys for Ira Stark, D.O. and Mr. Leyhane, attorney for Mark L. Belafsky, M.D., Robert B. Belafsky, M.D. and Belafsky and Belafsky, M.D., P.A.; Mr. Leyhane and Joseph L Marczyk on the joint briefs).

John J. Del Casale argued the cause for respondents.

William L. Gold, South Orange, submitted a brief on behalf of amicus curiae, Association of Trial Lawyers-New Jersey (Bendit Weinstock, attorneys; Mr. Gold and Abbott S. Brown, on the brief).

The opinion of the Court was delivered by PORITZ, C.J.

In this case we are once again called on to consider the Affidavit of Merit Statute enacted by the Legislature in 1995 as part of a legislative package designed to effectuate tort reform in New Jersey. See Peter Verniero, Chief Counsel to the Governor, Report to the Governor on the Subject of Tort Reform (Sept. 13, 1994). That statute establishes procedures by...

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