Cocca & Cutinello, LLP's Partners Obtain Win as Amicus Curiae for the New Jersey Defense Association

In Yagnik v. Premium Outlet Partners, LP, 467 N.J. Super. 91 (App. Div. 2021), the Appellate Division held that the Affidavit of Merit (“AOM”) statute’s filing deadline runs 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. The Court also recognized that the statutory deadline is subject to long-established exceptions for substantial compliance and extraordinary circumstances. Although the Appellate Division affirmed the trial court’s determination to permit an otherwise untimely Affidavit, it did so based upon the extraordinary circumstances exception rather than on the trial court’s determination to run the time for filing from the date when all pleadings as to all parties were filed. In doing so, the Appellate Court settled an unanswered question presented by a hodge-podge of non-binding trial and federal court opinions holding that the time-period began when all pleadings were filed. The decision is groundbreaking and highly favorable to defendants facing professional negligence claims.