PROCANIK BY PROCANIK v. CILLO


97 N.J. 339 (1984)

478 A.2d 755

PETER PROCANIK, AN INFANT BY HIS GUARDIAN AD LITEM, ROSEMARIE PROCANIK AND ROSEMARIE PROCANIK AND MICHAEL PROCANIK, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. JOSEPH PETER CILLO, HERBERT LANGER AND ERNEST P. GREENBERG, DEFENDANTS-RESPONDENTS, AND HAROLD A. SHERMAN, LEE S. GOLDSMITH AND GREENSTONE, GREENSTONE & NAISHULER, A PROFESSIONAL CORPORATION, DEFENDANTS.

The Supreme Court of New Jersey.

Decided August 1, 1984.


Attorney(s) appearing for the Case

Myron W. Kronisch argued the cause for appellants (Kronisch & Schkeeper, attorneys).

Russell L. Hewit argued the cause for respondents (Dughi & Hewit, attorneys; Robert D. Mulvee, on the brief).


The opinion of the Court was delivered by POLLOCK, J.

The primary issue on this appeal is the propriety of a grant of a partial summary judgment dismissing a "wrongful life" claim brought by an infant plaintiff through his mother and guardian ad litem. That judgment, which was granted on the pleadings, dismissed the claim because it failed to state a cause of action upon which relief may be granted. R. 4:6-2(e).

The infant plaintiff, Peter Procanik...

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