Fixing a loophole not foreseen by the drafters of New Jersey’s Affidavit of Merit Statute, the state Supreme Court ruled Tuesday that third-party indemnification claims against professionals may be subject to the act, but only after a professional-negligence claim accrues.
The justices, in Highland Lakes Country Club and Community Association v. Nicastro, A-10-09, agreed with an Appellate Division panel that found the law’s application premature, insofar as the third-party plaintiffs had not yet shown they were damaged by the professional firm’s malpractice.
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