08-04-09 MARIA STOECKER v. MARIO F. ECHEVARRIA
A-1452-07T2, A-1975-07T2 (consolidated)
The trial court correctly dismissed plaintiff's legal
malpractice claim with prejudice because plaintiff failed to
serve an affidavit of merit within the time required by N.J.S.A.
2A:53A-27. Plaintiff did not establish that: her failure to
comply with the statute was due to exceptional circumstances,
she substantially complied with the statute, or defendant should
be estopped from seeking dismissal of the claim. Plaintiff's
failure to comply with the affidavit of merit statute did not,
however, bar plaintiff from asserting a claim against her
attorney for fraud because that claim did not require proof that
the attorney deviated from the standard of care applicable to
the legal profession.
Chase Smith assistant editor
