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McVEY v. ENGLEWOOD HOSP. ASS'N

216 N.J. Super. 502 (1987)

524 A.2d 450

JOSEPHINE MCVEY AND ANNA P. CIRINCION, INDIVIDUALLY AND AS CO-EXECUTRIXES OF THE ESTATE OF ELIZABETH PALERMO, AND ELIZABETH PALERMO, AN INCOMPETENT, DECEASED, BY AND THROUGH HER GUARDIAN ANNA P. CIRINCION, PLAINTIFFS-APPELLANTS, v. ENGLEWOOD HOSPITAL ASSOCIATION, A NEW JERSEY CORPORATION, RONALD DEMATTEO, ADMINISTRATOR, ENGLEWOOD HOSPITAL ASSOCIATION, JEROME D. GOLDFISCHER, M.D., JEFFREY M. MITCHELL, M.D. AND AARON RABIN, M.D., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 1987.

Attorney(s) appearing for the Case

Donohue, Donohue, Costenbader & Strasser, attorneys for appellants (William I. Strasser and Michael P. Gambacorta, on the brief).

Bumgardner, Hardin & Ellis, attorneys for respondents Englewood Hospital Association and Ronald DeMatteo (Robert L. Polifroni and M. Christie Wise, on the brief).

Conway, Reiseman, Mattia & Sharp, attorneys for respondents Jerome D. Goldfischer, M.D. and Jeffrey D. Mitchell, M.D. (Robert A. Giannone, on the brief).

Dughi & Hewit, attorneys for respondent Aaron Rabin, M.D. (Marjorie Gilman Baker, on the brief).

Stern, Dubrow & Marcus, attorneys, filed a brief on behalf of amicus curiae Society For The Right To Die, Inc. (Elena N. Cohen, Fenella Rouse, Richard Wasserman of the New York Bar, admitted pro hac vice, of counsel and Jo Anne C. Adlerstein, on the brief).

Before Judges MICHELS, O'BRIEN and LANDAU.

PER CURIAM.

This is an appeal by plaintiffs Josephine McVey and Anna P. Cirincion, individually and as co-executrixes of the Estate of Elizabeth Palermo, from a summary judgment granted in favor of defendants Englewood Hospital Association, Ronald DeMatteo, its Administrator, and Drs. Jerome D. Goldfischer, Jeffrey M. Mitchell, and Aaron Rabin. The summary judgment was embodied in an order of April 18, 1986 which dismissed the complaint, amended complaint and cross...

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