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SPAULDING v. HUSSAIN

229 N.J. Super. 430 (1988)

551 A.2d 1022

HARRY L. SPAULDING, PLAINTIFF-RESPONDENT, v. S. KHALID HUSSAIN, M.D. DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1988.

Attorney(s) appearing for the Case

Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys for appellant (Wayne R. Rosenlicht, of counsel and on the brief).

Ferrara & Waldman, attorneys for respondent (Michael A. Ferrara, Jr., on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.

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

Plaintiff Harry L. Spaulding brought this action on both contract and tort theories against defendant S. Khalid Hussain, a neurologist who had treated him for the serious injuries he suffered when he fell into a pit at a scrap metal yard owned and operated by Cumberland Recycling Corporation. The gravamen of the complaint was that Hussain improperly refused to testify on plaintiff's behalf as his treating...

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