BRANDT v. GRUBIN


131 N.J. Super. 182 (1974)

329 A.2d 82

MARGARET I. BRANDT, GENERAL ADMINISTRATRIX, ETC., ET AL., PLAINTIFF, v. CHARLES J. GRUBIN, M.D., ET ALS., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 15, 1974.


Attorney(s) appearing for the Case

Mr. William O. Barnes, Jr. argued the motion for plaintiff.

Mr. George F. Murphy, Jr. argued the motion for defendant (Messrs. McDonough, Murray & Korn, attorneys).


DREIER, J.D.C., Temporarily Assigned.

In this medical malpractice action defendant Dr. Charles J. Grubin has moved for summary judgment. This case raises an issue of first impression in New Jersey concerning the alleged abandonment by a physician who had referred a patient for specialized services.

Both R. 4:46-2 and the cases interpreting this rule and its predecessor R. 4:58-3 dictate that this court must find that there is an absence of dispute...

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