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DI DONNA v. ZIGARELLI

61 N.J. Super. 302 (1960)

160 A.2d 655

JAMES DI DONNA, AN INFANT, BY HIS GUARDIANS AD LITEM, DOMINICK DI DONNA AND NANCY DI DONNA, AND DOMINICK AND NANCY DI DONNA, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. JOSEPH ZIGARELLI, M.D., ABBOTT LABORATORIES, A BODY CORPORATE OF THE STATE OF ILLINOIS, AND ELI LILLY & CO., A BODY CORPORATE OF THE STATE OF INDIANA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1960.

Attorney(s) appearing for the Case

Mr. Albert L. Cohn argued the cause for plaintiffs-appellants (Messrs. David & Albert L. Cohn, attorneys; Mr. Daniel Crystal, on the brief).

Mr. Kevin M. O'Halloran argued the cause for defendant-respondent Joseph Zigarelli, M.D. (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Kevin M. O'Halloran, on the brief).

Before Judges PRICE, SULLIVAN and FOLEY.

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

Plaintiffs, in a malpractice suit, seek to reverse an interlocutory order entered in the Superior Court, Law Division, pursuant to R.R. 4:18-2, granting the application of defendant Joseph Zigarelli, a physician specializing in neurology and psychiatry, to take the deposition in New York of plaintiffs' prospective medical witness. We heretofore granted leave to appeal.

In the case at bar damages...

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