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After extensive briefing and argument, we successfully obtained dismissal of a professional negligence case against an architectural/engineering firm.

After extensive briefing and argument, we successfully obtained dismissal of a professional negligence case against an architectural/engineering firm. The plaintiff failed to serve an Affidavit of Merit, and we moved to dismiss under N.J.S.A. 2A:53:27. The plaintiff argued that, since our client was an LLC and not registered with and/or did not have a Certification of Authorization from the N.J. State Board of Architects, it was not a "licensed person" under the statute; therefore, no Affidavit of Merit was required. The Suprior Court of New Jersey agreed with our position and dismissed the complaint, determining that a business organization whose leadership of is composed of "licensed persons" within the meaning of the statute is considered a "licensed person" and afforded the protections conveyed to professionals under the statute.

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