04-27-09 Paragon Contractors, Inc. v. Peachtree Condominium
Association, et al. v. Raymond Holmes, et al.
A-0408-08T3
In this appeal, the court rejected the argument that the
trial court's failure to schedule the case management conference
required by Ferreira v. Rancocas Orthopedic Associates, 178 N.J.
144 (2003) tolled the time to file or otherwise excused the
malpractice claimant's failure to timely file an affidavit of
merit. In so holding, the court expressed its disagreement with
that part of the decision of another panel, Saunders v. Capital
Health System, 398 N.J. Super. 500, 510 (App. Div. 2008), which
held to the contrary.
