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BAUER v. BOWEN

63 N.J. Super. 225 (1960)

164 A.2d 357

J.J. BAUER AND LOIS BAUER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ROBERT N. BOWEN, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1960.

Attorney(s) appearing for the Case

Mr. Michael N. Kouvatas argued the cause for the plaintiffs-appellants.

Mr. William G. Bischoff argued the cause for defendant-respondent (Messrs. Taylor, Bischoff, Neutze & Williams, attorneys).

Before Judges GOLDMANN, FREUND and KILKENNY.

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

The Camden County Court, Law Division, granted defendant's motion for summary judgment and dismissed plaintiffs' malpractice suit on the sole ground that it was barred by the statute of limitations. The plaintiffs appeal therefrom.

While the motion was one for summary judgment under R.R. 4:58, it was more in the nature of a motion for judgment on the pleadings under R.R. 4:12-3. It was...

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