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DAILY v. SOMBERG

49 N.J. Super. 469 (1958)

140 A.2d 429

ALPH DAILY, PLAINTIFF, v. HAROLD M. SOMBERG AND JOHN J. FLANAGAN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 2, 1958.

Attorney(s) appearing for the Case

Messrs. Baker, Garber & Chazen (Mr. Bernard Chazen, appearing), attorneys for plaintiff.

Messrs. Emory, Langan, Lamb & Blake (Mr. H. Curtis Meanor, appearing), attorneys for defendant Somberg.

Messrs. Braun and Hoey (Mr. William P. Braun, Sr., appearing), attorneys for defendant Flanagan.

DREWEN, J.C.C. (temporarily assigned).

This is a motion by defendants for summary judgment in a medical malpractice case. The motion rests on the claimed effect of a general release heretofore given by the present plaintiff in a suit brought by him to recover damages against the original tort-feasor for the injuries whose treatment is in question in the present suit. Defendants rely in support of their motion on the pleadings, the admissions made in response to defendants...

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