Agostino Ferreira and Margarida Ferreira, H/w, Plaintiffs-Appellants v. Rancocas Orthopedic Associates and Bruce W…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded, holding that when a plaintiff possesses a proper affidavit of merit within the 120‑day period and serves it before the defendant files a motion to dismiss, the defendant is estopped from seeking dismissal based on the late service. The Court also announced a rule requiring early case‑management conferences in malpractice actions and noted that absent substantial compliance or extraordinary circumstances, a complaint will be dismissed with prejudice if the affidavit is not served before a motion to dismiss. Justice Zazzali, in a partial concurrence/dissent, raised constitutional concerns, and Justice Long, in a partial concurrence/dissent, urged modification of the Comblatt rule.