CASTRO v. NYT TELEVISION


851 A.2d 88 (2004)

370 N.J. Super. 282

Michael CASTRO, Julio Trinidad Costa, on behalf of themselves and others similarly situated, Plaintiffs-Respondents, v. NYT TELEVISION, the New York Times Company and Discovery Communications, Inc., Defendants, v. Jersey Shore Medical Center and Meridian Health System, Defendants-Appellants. Joseph Kinsella, Plaintiff-Respondent, v. NYT Television, The New York Times Company and Discovery Communications, Inc., Defendants-Appellants, v. Jersey Shore Medical Center and Meridian Health System, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2004.


Attorney(s) appearing for the Case

Charles S. Sims (Proskauer Rose) of the New York bar, admitted pro hac vice, New York City, argued the cause for appellants in A-1862-03T2, NYT Television, The New York Times Company and Discovery Communications, Inc. (Winne, Banta, Hetherington & Basralian, Hackensack and Proskauer Rose, attorneys; Kenneth K. Lehn and Mr. Sims, on the brief).

J. Barry Cocoziello, Newark, argued the cause for appellants in A-1849-03T2, Jersey Shore Medical Center and Meridian Health Systems (Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, attorneys; Mr. Cocoziello, on the brief).

Gerald H. Clark and Kevin L. Parsons argued the cause for respondents (Lynch * Martin, Brielle and Gill & Chamas, Woodbridge, attorneys; John E. Keefe, Jr., Brielle, Raymond A. Gill, Jr., Woodbridge, Mr. Clark and Mr. Parsons, on the brief).

Ross A. Lewin, Princeton, argued the cause for amicus curiae New Jersey Hospital Association (Windels Marx Lane & Mittendorf, attorneys; Mr. Lewin, of counsel and on the brief; Ellen M. Christoffersen, on the brief).

Before Judges SKILLMAN, COBURN and C.S. FISHER.


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

Defendants NYT Television, The New York Times Company and Discovery Communications (the "media defendants") and defendants Jersey Shore Medical Center and Meridian Health System (the "medical defendants"), appeal by leave of court from parts of orders entered on October 6, 2003, which denied their motions to dismiss certain causes of action asserted in plaintiffs...

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