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Tian v. Jersey City Medical Center

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


June 4, 2008

ZHENGJUN TIAN, PLAINTIFF-APPELLANT,
v.
JERSEY CITY MEDICAL CENTER AND HENRY C. IRVING, III, M.D., DEFENDANTS-RESPONDENTS.

On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-4267-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 20, 2008

Before Judges Skillman, Yannotti and LeWinn.

Plaintiff appeals from a summary judgment dismissing the complaint in this medical malpractice case on the grounds that plaintiff's claim was not supported by any expert opinion evidence and that it was not maintainable under the common knowledge doctrine. We affirm substantially for the reasons set forth in Judge Gallipoli's comprehensive written opinion dated October 5, 2007. Plaintiff's arguments are without sufficient merit to warrant any additional discussion. R. 2:11-3(e)(1)(E). We also reject plaintiff's argument that Judge Gallipoli abused his discretion in denying plaintiff's application for an extension of time for submission of an expert report, which was presented for the first time at oral argument on defendants' motion for summary judgment several months after the deadline established by a case management order for submission of expert reports.

Affirmed.

20080604

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