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Philip E. Hahn v. Judge Doyne

May 5, 2011

PHILIP E. HAHN, PLAINTIFF-APPELLANT,
v.
JUDGE DOYNE, JUDGE DE LA CRUZ, DEFENDANTS, AND ROBERT LOGAN, AND VASIOS KELLY & STROLLO, DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Special Civil Part, Passaic County, Docket No. DC-007954-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 1, 2011

Before Judges Wefing and Payne.

The trial court dismissed plaintiff's complaint for failure to state a claim. R. 4:6-2(e). It then denied plaintiff's motion to reinstate his complaint, and plaintiff has appealed.

After reviewing the record in light of the contentions advanced on appeal, we affirm.

Plaintiff was a patient for a period of time at Bergen Regional Medical Center and, following his discharge, filed several medical malpractice actions seeking damages relating to the care he received while there. These actions were consolidated for discovery and trial, and the defendants in those actions were represented by defendant Robert Logan, Esq., a partner in defendant firm Vasios, Kelly & Strollo, P.A. Ultimately, plaintiff's claims of medical malpractice were dismissed when the defendants were granted summary judgment. The order granting summary judgment was signed by Judge Estella De La Cruz, a judge of the Superior Court assigned to Bergen County. Plaintiff's appeal from that summary judgment remains pending in this court.

Not content with appealing that summary judgment, plaintiff sought additional relief; and he commenced this action, in which he named as defendants Judge Peter Doyne, the Assignment Judge of Bergen County; Judge De La Cruz, who granted summary judgment and dismissed his claims of medical malpractice; Mr. Logan, who obtained summary judgment on behalf of his clients; and Mr. Logan's firm. Plaintiff filed this action in Bergen County; in light of the obvious conflict, the Chief Justice ordered that the matter be transferred to Passaic County.

Defendants Doyne and De La Cruz moved to dismiss this complaint in lieu of filing an answer. Defendants Logan and his firm moved to dismiss this complaint for failure to state a claim. The trial court granted both motions, and this appeal followed.

Plaintiff raises the following contentions in support of his appeal.

1) The original complaint should have been reinstated versus all parties as the original complaint could have been reinstated via R. 4:50-1

2) The plaintiff can appeal the July 2, 2010 and May 21, 2010 decisions as a matter of right with regard to all parties

3) Law created via New Jersey statute trumps Federal Common law

4) Judge Mongiardo was in error in granting Judge Doyne and Judge De La Cruz immunity via the federal ...


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