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DiGIOVANNI v. PESSEL

104 N.J. Super. 550 (1969)

250 A.2d 756

JOSEPHINE DiGIOVANNI, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. DR. J.F. PESSEL, a/k/a JOHANNES PESSEL, AND DR. JOSEPH C. BORRUS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS, AND CARRIER CLINIC, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1969.

Attorney(s) appearing for the Case

Mr. Charles E. Stein argued the cause for Josephine Di Giovanni.

Mr. Robert M. Graham argued the cause for Dr. J.F. Pessel (Messrs. Champi and Graham, attorneys; Mr. Frank Yurasko, on the brief).

Mr. Raymond M. Tierney, Jr. argued the cause for Dr. Joseph C. Borrus (Messrs. Shanley & Fisher, attorneys; Mr. John F. Lynch, Jr., on the brief).

Mr. Charles W. Hutchinson argued the cause for Carrier Clinic (Messrs. Lamb, Blake, Hutchinson & Dunne, attorneys; Mr. John I. Lisowski, of counsel).

Before Judges GOLDMANN, KOLOVSKY and CARTON.

KOLOVSKY, J.A.D.

All members of the court agree that the judgment of dismissal in favor of Carrier Clinic should be affirmed and that the judgment in plaintiff's favor against Dr. Borrus should be reversed. However, I would also reverse the judgment recovered by plaintiff against Dr. Pessel while my confreres are of the view that that judgment should be reduced from $5,500 to $5,000 but otherwise affirmed. I embody herein my reasons for agreeing with the unanimous...

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