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SZCZUVELEK v. HARBORSIDE HEALTHCARE

865 A.2d 636 (2005)

182 N.J. 275

Stephen SZCZUVELEK, General Administrator of the Estate of Eugene Burns, Plaintiff-Appellant, v. HARBORSIDE HEALTHCARE WOODS EDGE, t/a Harborside Nursing Home and Somerset Medical Center, a duly incorporated private hospital facility, Defendants-Respondents, and Barry Freeman, M.D., John Doe, fictitious name and Robert Roe, fictitious name, Defendants.

Supreme Court of New Jersey.

Decided January 24, 2005.

Attorney(s) appearing for the Case

George W. Conk, South Orange, argued the cause for appellant (Tulipan & Conk and Larry L. Leifer, attorneys).

Raymond J. Fleming, West Orange, argued the cause for respondent Somerset Medical Center (Sachs, Maitlin, Fleming & Greene, attorneys).

Francine M. Chillemi, Livingston, argued the cause for respondent HHCI Limited Partnership d/b/a Harborside Healthcare-Woods Edge improperly pled as Harborside Healthcare Woods Edge t/a Harborside Nursing Home (Monte, Sachs & Rudolph, attorneys).

PER CURIAM.

The members of the Court being equally divided on the issue of the timeliness of the filing of plaintiff's complaint against Harborside Healthcare Woods Edge t/a Harborside Nursing Home (Harborside), the judgment of the Appellate Division is affirmed in respect of that defendant.

The Court is unanimous that it was error to enter judgment dismissing the complaint against Somerset Medical Center (Somerset...

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