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SAFER v. ESTATE OF PACK

291 N.J. Super. 619 (1996)

677 A.2d 1188

DONNA SAFER AND ROBERT SAFER, PLAINTIFFS-APPELLANTS, v. THE ESTATE OF GEORGE T. PACK; HELEN W. PACK; GEORGE T. PACK, JR.; CHRISTOPHER CHARLES PACK; MALCOLM JONATHAN PACK; TACY DOROTHEA PACK; AND CLYTIE HELEN PACK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1996.

Attorney(s) appearing for the Case

Jeffrey A. Donner argued the cause for appellants (Shain, Schaffer & Rafanello, attorneys; Mr. Donner, of counsel, and, with Todd R. Staretz, on the brief).

Nancy Crosta Landale argued the cause for respondents (McDonough, Korn, Eichhorn & Boyle, attorneys; R. Scott Eichhorn, of counsel; Ms. Landale, on the brief).

Before Judges A.M. STEIN, KESTIN and CUFF.

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

Plaintiffs appeal from the trial court's order dismissing their complaint and denying their cross-motion for partial summary judgment as to liability only. We reverse that portion of the order dismissing the complaint and affirm the denial of plaintiffs' motion.

Donna Safer's claim arises from the patient-physician relationship in the 1950s and 1960s between her father, Robert Batkin, a resident of New...

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