NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2118-18T2 THE ESTATE OF JAMES MCCLENTON, by the administrator of his estate, ANNIE MCCLENTON, Plaintiff-Appellant, v. ANTHONY CARBONE, ESQ., and THE LAW OFFICES OF ANTHONY CARBONE, PC, Defendants-Respondents. ____________________________ Argued telephonically December 4, 2019 – Decided December 26, 2019 Before Judges Hoffman and Firko. On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-2213-17. Timothy Joseph Foley argued the cause for appellant (Foley & Foley, attorneys; Sherry L. Foley and Timothy Joseph Foley, of counsel and on the briefs). Michael J. Canning argued the cause for respondents (Giordano Halleran & Ciesla, PC, attorneys; Michael J. Canning, of counsel and on the brief). PER CURIAM Plaintiff, the Estate of James McClenton, by the Administrator of his Estate, Annie McClenton, appeals from two December 7, 2018 trial court orders, one granting summary judgment to defendants, Anthony Carbone, and the Law Offices of Anthony Carbone, PC, dismissing her legal malpractice complaint with prejudice, and the other order denying plaintiff's cross-motion to extend the discovery end date (DED). Following our review of the record, we reverse both orders, re-instate plaintiff's complaint, and remand for further proceedings. I. In 2012, plaintiff retained Carbone to pursue medical negligence claims against healthcare providers involved in the evaluation and treatment of her father, James McClenton, the decedent, a former resident at Newport News Nursing Home (NNNH) in Jersey City. The decedent developed bedsores, which became infected, and according to plaintiff, was a proximate cause of his death in 2012, at the age of eighty-three. On May 24, 2013, Carbone filed a complaint against NNNH, the City of Jersey City, County of Hudson, and State of New Jersey. On September 12, A-2118-18T2 2 2013, he filed an amended complaint against Jersey City Medical Center (JCMC). Carbone initiated the action without conducting an investigation, a medical records review, or consulting with any experts before or after the complaint was filed. Because Carbone believed an Affidavit of Merit (AOM) was not required under the common knowledge doctrine, he did not serve an AOM within the statutory period set forth in N.J.S.A. 2A:53A-27, resulting in dismissal of the complaint, with prejudice, as to NNNH and JCMC, in April 2014. Carbone moved for reconsideration and submitted an AOM from a pain management specialist. The motion for reconsideration was denied. Thereafter, Carbone wrote to plaintiff advising her that she may have a claim for legal malpractice against him and his firm. He also represented to her that several experts reviewed the matter and concluded decedent's bedsores were not a proximate cause of his demise. Plaintiff contends no such review ever occurred. On May 26, 2017, plaintiff filed a legal ...
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