Melissa Brown and Amanda King of the New Jersey office of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. were successful in obtaining summary judgment on behalf of our insured in a major architectural malpractice matter. Our insured engineer was sued by a contractor for professional malpractice associated with the design of sports fields for a local school. Plaintiff switched counsel during prosecution of the case and neither counsel served our insured with an Affidavit of Merit required by N.J.S.A. 2A:53A-27. After the statute expired, our office immediately moved for dismissal of the action. Plaintiff’s counsel argued extraordinary circumstances and substantial compliance in opposition to our Motion. In response, we cited to controlling cases in New Jersey which require rigid implementation of the Affidavit of Merit timeframes. We noted that courts have regularly held that an attorney’s failure to comply with the Affidavit of Merit Statute does not create extraordinary circumstances. The trial court agreed and granted summary judgment to our insured who was dismissed with prejudice.
January 4, 2018