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LOPEZ v. SWYER

115 N.J. Super. 237 (1971)

279 A.2d 116

MARIA LOPEZ, ALSO KNOWN AS MARY AND MARIANTONIA LOPEZ, AND FRANK LOPEZ, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. ALFRED J. SWYER, M.D.; MILTON DANON, D.O.; ROBERT OSDER, D.O., AND HAROLD STRICKER, D.O., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 1971.

Attorney(s) appearing for the Case

Mr. David A. Pressler argued the cause for appellants (Mrs. Sylvia B. Pressler on the brief; Messrs. Okin, Pressler & Scherby, attorneys).

Mr. John J. Francis, Jr. argued the cause for respondent Alfred J. Swyer, M.D. (Messrs. Shanley & Fisher, attorneys).

Mr. Francis P. Witham argued the cause for respondents Milton Danon, D.O., Robert Osder, D.O., and Harold Stricker, D.O. (Mr. John P. Markey, of counsel; Messrs. Markey and Witham, attorneys).

Before Judges GOLDMANN, HALPERN and FRITZ.

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

In this action charging medical malpractice, fraud, and conspiracy, plaintiffs appeal from summary judgment in favor of defendants.

The matter has been here before. Following earlier motions for summary judgment, granted as to defendant Swyer but denied as to the other defendants, plaintiffs and unsuccessful defendants sought leave to appeal. We reserved decision on these motions, and remanded for the...

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