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Yerzy v. Levine

Decided: December 7, 1970.

SHIRLEY YERZY AND RICHARD YERZY, HER HUSBAND, PLAINTIFFS-RESPONDENTS,
v.
DAVID LEVINE, DEFENDANT-APPELLANT



For affirmance -- Chief Justice Weintraub and Justices Jacobs, Proctor, Hall, Schettino and Haneman. For reversal -- none.

Per Curiam

The Appellate Division reversed a judgment for defendant, 108 N.J. Super. 222 (1970), and we granted defendant's petition for certification, 55 N.J. 587 (1970).

The judgment of the Appellate Division is affirmed for the reasons given by it, with the modification that under the facts of this case (1) the question with respect to the statute of limitations is whether plaintiff brought this action within two years after plaintiff knew or had reason to know that plaintiff might have a basis for a claim against the defendant, and (2) in the light of defendant's conversations with plaintiff before the further surgery by Dr. Glenn, the jury, in considering that question, may take into account the alleged omission of Dr. Glenn to ...


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