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DOUGLASS v. OBADE

819 A.2d 445 (2003)

359 N.J. Super. 159

Thomas J. DOUGLASS and Deborah A. Douglass, Plaintiffs-Appellants, v. Thomas P. OBADE, M.D., Orthopaedics at Woodbury, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 2003.

Attorney(s) appearing for the Case

Guy W. Killen, Woodbury, argued the cause for appellants (Mr. Killen, on the brief).

Joseph L. Marczyk argued the cause for respondents (Reynolds & Drake, attorneys; Mr. Marczyk, on the brief).

Before Judges BRAITHWAITE, LINTNER and PARKER.

The opinion of the court was delivered by PARKER, J.A.D.

Plaintiffs appeal from dismissal of their medical malpractice complaint for failure to file a timely affidavit of merit. We affirm.

It is undisputed that plaintiffs filed the complaint on December 6, 2000 and defendants filed their answer on July 25, 2001. Plaintiffs failed to serve an affidavit of merit within the sixty days following defendants' answer as required by the statute,

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