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BREW v. STERN

254 N.J. Super. 237 (1991)

603 A.2d 162

NAT BREW, PLAINTIFF, v. MARK STERN, M.D., ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided September 26, 1991.

Attorney(s) appearing for the Case

Emanuel Needle for plaintiff (Kohn & Needle, attorneys).

James Andrews for defendant (Friedman Siegelbaum, attorneys).

Daniel J. Pomeroy for defendant on the second count of the complaint (Mortenson & Pomeroy, attorneys).

WEISS, J.S.C.

Defendant, Mark Stern, M.D., filed a motion to dismiss plaintiff's complaint for failure to issue a summons within ten days after the filing of the complaint pursuant to R. 4:4-1. The facts upon which the motion is based are as follows:

On October 14, 1986, plaintiff, Nat Brew, was struck in the eye with a beer bottle. As a result of this injury to his eye plaintiff underwent surgery on October 29, 1986. Plaintiff subsequently filed a...

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