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Hahn v. University of Medicine and Dentistry of New Jersey

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 26, 2009

PHILIP E. HAHN, PLAINTIFF-APPELLANT,
v.
THE UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, IN NEWARK, NEW JERSEY, AND MARCO ZARBIN, A/K/A MARK ZARBIN, DEFENDANTS-RESPONDENTS.

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. L-3267-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 13, 2009

Before Judges Skillman and Graves.

Plaintiff appeals from an order entered on February 29, 2008, which dismissed his claim against defendant Marco Zarbin, M.D., based on plaintiff's failure to file a notice of claim, as required by the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, specifically N.J.S.A. 59:8-3.*fn1 We affirm substantially for the reasons set forth in the trial judge's February 29, 2008 oral opinion. We reject plaintiff's argument that Dr. Zarbin's certification that he was an employee of the University of Medicine and Dentistry when he operated upon plaintiff is inadmissible hearsay. A motion may be predicated upon facts alleged in an affidavit or certification based on "personal knowledge." R. 1:6-6; R. 1:4-4(b). Dr. Zarbin clearly had the required personal knowledge of the identity of his employer. Plaintiff did not present any evidence contesting Dr. Zarbin's assertion that his employer was the University of Medicine and Dentistry or seek discovery on this issue. Plaintiff's arguments are without sufficient merit to warrant any additional discussion. See R. 2:11-3(e)(1)(E).

Affirmed.


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