The Appellate Division Affirms Dismissal!

The Appellate Division affirmed the dismissal of a Complaint in Walsh v. Community Medical Center. Lauren H. Zalepka and Nicole M. Geraci successfully had the case dismissed for failure to provide an Affidavit of Merit. Ms. Zalepka and Ms. Geraci submitted the Appellate Brief, while John M. Hockin, Jr. argued the appeal before the Appellate Division. Plaintiff alleged that the 120 day deadline for the Affidavit of Merit needed to be extended due to exceptional circumstances. Plaintiff further argued that the Affidavit of Merit statute did not apply in this case and that the hospital failed to comply with R. 4:5-3.  The Appellate Division rejected these arguments and upheld the dismissal by the trial court.