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FERNANDI v. STRULLY

35 N.J. 434 (1961)

173 A.2d 277

JEAN FERNANDI AND FRANK FERNANDI, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. VINCENT L. STRULLY, M.D., CARL L. MAZZARELLA, M.D., AND R.A. PRINCE, M.D., DEFENDANTS-RESPONDENTS, AND VINCENT L. STRULLY, M.D., AND R.A. PRINCE, M.D., THIRD-PARTY PLAINTIFFS, v. ST. JOSEPH'S HOSPITAL, A CORPORATION, THIRD-PARTY DEFENDANT.

The Supreme Court of New Jersey.

Decided June 30, 1961.

Attorney(s) appearing for the Case

Mr. Bruno L. Leopizzi argued the cause for the appellants (Mr. Robert P. Alliegro, on the brief).

Mr. John J. McLaughlin argued the cause for the respondents Dr. Strully and Dr. Prince (Messrs. Shanley & Fisher, attorneys; Mr. Frederick B. Lacey, of counsel).

Mr. Adolph A. Romei argued the cause for the respondent Dr. Mazzarella (Messrs. Preziosi and Romei, attorneys).

The opinion of the court was delivered by JACOBS, J.

The Law Division granted the motion by the defendants for summary judgment on the ground that the claim by the plaintiffs was barred by the statute of limitations. The plaintiffs appealed from the ensuing judgment and we certified the appeal on our own motion while it was pending in the Appellate Division.

In 1954 Mrs. Fernandi was told by her family physician Dr. Mazzarella that she needed an operation...

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