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Yagnik v. Premium Outlet Partners, LP

New Jersey Appellate Division

March 29, 2021

In Yagnik v. Premium Outlet Partners, LP, the New Jersey Appellate Division reviewed an order from the Law Division that held affidavits of merit were timely even though they were filed more than 120 days after a defendant-engineer answered the original complaint. The Law Division ruled that the affidavits were timely because they were filed before the filing of an amended complaint naming another defendant. The Appellate Division disagreed, holding that the statute requires affidavits of merit to be filed within 60 days (or 120 days for good cause shown) “from the date when the licensed professional files its answer, regardless of whether the pleadings are subsequently amended to name other defendants or assert additional claims.” But the Appellate Division held that where, as here, extraordinary circumstances are present, an extension is justified.

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