Kotzen v. Bayshore Community Hosp

Full title: LINDA KOTZEN AND BERNARD KOTZEN, PLAINTIFFS-APPELLANTS, v. BAYSHORE…

Court: Supreme Court of New Jersey

Date published: Jul 31, 1991

593 A.2d 334 (N.J. 1991)

593 A.2d 334

Opinion

Argued May 6, 1991 —

Decided July 31, 1991.

On appeal from the Superior Court, Appellate Division.

Philip G. Auerbach argued the cause for appellants ( Auerbach, Melody Cox, attorneys; John J. Ryan, on the brief).

Roger G. Ellis argued the cause for respondent ( Bumgardner, Hardin Ellis, attorneys; M. Christie Wise, on the brief).

Michael J. Haas, Deputy Attorney General, submitted a letter in lieu of brief on behalf of amicus curiae State Department of Health ( Robert J. Del Tufo, Attorney General of New Jersey, attorney).

PER CURIAM

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. For reversal — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLE, POLLOCK, O'HERN and STEN — 6.

For affirmance — Justice GARIBALDI — 1.