Supreme Court of New Jersey

Walter M. Kosmowski, Sr.

March 19, 2003175 N.J. 568

Summary

The Supreme Court of New Jersey held that the trial court erred in dismissing the medical malpractice complaint with prejudice based solely on the plaintiff's attorney's lack of candor about expert availability and remanded for the trial court to reassess the dismissal and consider reinstating the complaint and appropriate sanctions. Justice LaVECCHIA concurred, emphasizing the attorney's ethical disclosure duties under RPC 3.3.