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WALSKY v. PASCACK VALLEY HOSPITAL

145 N.J. Super. 393 (1976)

367 A.2d 1204

ROBERT S. WALSKY AND STANLEY I. HARRIS, PLAINTIFFS, v. THE PASCACK VALLEY HOSPITAL, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; WILLIAM N. BURKE, CHAIRMAN OF THE MEDICAL EXECUTIVE COMMITTEE AND CHAIRMAN OF THE JOINT CONFERENCE COMMITTEE OF PASCACK VALLEY HOSPITAL; PAUL A. POSSICK, CHAIRMAN OF THE CREDENTIALS COMMITTEE OF PASCACK VALLEY HOSPITAL; AND ALBERT J. ZORETIC, DIRECTOR OF THE DIVISION OF SURGERY OF PASCACK HOSPITAL, DEFENDANTS. DR. LEONARD DI GIOVANNI, PLAINTIFF, v. PASCACK VALLEY HOSPITAL, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Mr. Vincent P. Rigolosi for plaintiffs Robert S. Walsky and Dr. Stanley I. Harris (Messrs. Picinich & Rigolosi, attorneys).

Mr. Charles F. Sheeler for plaintiff Dr. Leonard DiGiovanni (Messrs. Hoger & Sheeler, attorneys).

Messrs. Richard G. Kroner and Lawrence D. Smith, for defendants.

GELMAN, J.S.C.

These are consolidated actions brought by physicians who seek admission to the medical staff of defendant Pascack Valley Hospital (PVH). Plaintiffs' applications were denied because PVH has in effect a policy, commonly referred to as the moratorium, which prohibits further appointments to its medical staff unless the applicant meets certain conditions which will be described hereafter.

There is little if any dispute as to the essential facts...

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