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JENOFF v. GLEASON

215 N.J. Super. 349 (1987)

521 A.2d 1323

EUGENE JENOFF AND LEONARD JENOFF, EXECUTORS OF THE ESTATE OF BETTY M. JENOFF, DECEASED, PLAINTIFFS-APPELLANTS, v. JAMES F. GLEASON, M.D., MARK R. PECK, M.D. DANIEL R. DEMEO, M.D., AND ATLANTIC SHORE ORTHOPEDIC ASSOC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1987.

Attorney(s) appearing for the Case

Benedict A. Casey, attorney for appellants.

Stanley P. Stahl, attorney for respondent James F. Gleason, M.D.

George & Korin, attorneys for respondent Mark R. Peck, M.D. (Joel B. Korin, on the brief).

Orlovsky, Wilson & Gabrysiak, attorneys for respondent Daniel R. DeMeo, M.D. (John R. Orlovsky, of counsel; James J. Wilson, on the brief).

Before Judges O'BRIEN, SKILLMAN and LANDAU.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Plaintiffs appeal from the dismissal of their action against defendant Dr. Mark R. Peck (Peck) at the end of their case, pursuant to R. 4:37-2(b), and the denial of their motion for a new trial against defendants Dr. James F. Gleason (Gleason) and Dr. Daniel R. DeMeo (DeMeo). We reverse as to Peck and DeMeo, but affirm as to Gleason.

Betty Jenoff (Jenoff) fractured her wrist at work on September...

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