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Kotzen v. Bayshore Community Hospital

New Jersey Supreme Court


Decided: July 31, 1991.

LINDA KOTZEN AND BERNARD KOTZEN, PLAINTIFFS-APPELLANTS,
v.
BAYSHORE COMMUNITY HOSPITAL, DEFENDANT, AND CENTRAL JERSEY BLOOD BANK, DEFENDANT-RESPONDENT

On appeal from the Superior Court, Appellate Division.

For reversal -- Chief Justice Wilentz, and Justices Clifford, Handle, Pollock, O'Hern and Stein. For affirmance -- Justice Garibaldi. Pollock, J., concurring. Garibaldi, J., dissenting.

Per Curiam

[125 NJ Page 360]

The order of the trial court is reversed, and the matter is remanded to the Superior Court, Law Division, for reconsideration in the light of Snyder v. Mekhjian, 125 N.J. 328, 593 A.2d 318 (1991).

POLLOCK, J., concurring.

I join in the judgment of the Court for the reasons set forth in my concurring opinion in Snyder v. Mekhjian, 125 N.J. 328, 341, 593 A.2d 318 (1991), also decided today.

GARIBALDI, J., dissenting.

I would affirm the trial court's order denying discovery for the reasons expressed in my opinion in Snyder v. Mekhjian, 125 N.J. 328, 593 A.2d 318 (1991), also decided today.

19910731


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