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YERZY v. LEVINE

108 N.J. Super. 222 (1970)

260 A.2d 533

SHIRLEY YERZY AND RICHARD YERZY, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. DAVID LEVINE, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 1970.

Attorney(s) appearing for the Case

Mr. Lawrence D. Smith argued the cause for appellants (Messrs. Hein, Smith, Mooney & Berezin, attorneys).

Mr. John J. Francis, Jr. argued the cause for respondent (Messrs. Shanley & Fisher, attorneys).

Before Judges KILKENNY, LABRECQUE and LEONARD.

The opinion of the court was delivered by LABRECQUE, J.A.D.

In this suit alleging medical malpractice plaintiffs appeal from a judgment in favor of defendant.

On January 16, 1964, while a patient in Barnert Memorial Hospital, Paterson, plaintiff Shirley Yerzy came under the surgical care of defendant. She had previously suffered several gall bladder attacks and defendant diagnosed her condition as chronic cholelithiasis (chronically inflamed gall bladder with...

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