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BORLAND v. BAYONNE HOSPITAL

72 N.J. 152 (1977)

369 A.2d 1

JOHN BORLAND, JR., J. BARRON LEEDS, LOUIS POLEVOY, IRVING KAPLAN, IRVING LEVY, JOHN NICCOLLAI, AS TRUSTEES OF THE WELFARE FUND OF LOCAL 464, AMALGAMATED MEAT CUTTERS FOOD STORE, EMPLOYEES UNION, AFL-CIO AND HOWARD MARKS, PLAINTIFFS-APPELLANTS, v. BAYONNE HOSPITAL, BERGEN PINES COUNTY HOSPITAL, BETH ISRAEL HOSPITAL, CLARA MAASS MEMORIAL HOSPITAL, ENGLEWOOD HOSPITAL ASSOCIATION, GREATER PATERSON GENERAL HOSPITAL, HACKENSACK HOSPITAL, IRVINGTON GENERAL HOSPITAL, HOLY NAME HOSPITAL, THE HOSPITAL CENTER AT ORANGE, MONMOUTH MEDICAL CENTER, MORRISTOWN MEMORIAL HOSPITAL, MOUNTAINSIDE HOSPITAL, NEWARK BETH ISRAEL MEDICAL CENTER, RIVERDELL HOSPITAL, SADDLE BROOK HOSPITAL, SAINT BARNABAS MEDICAL CENTER, ST. MICHAEL'S MEDICAL CENTER, SOUTH AMBOY MEMORIAL HOSPITAL, ST. JOSEPH'S HOSPITAL, ST. MARY'S HOSPITAL OF HOBOKEN, ST. MARY'S HOSPITAL OF PASSAIC, THE BLUE CROSSBLUE SHIELD PLAN OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS. JOHN BORLAND, JR., J. BARRON LEEDS, LOUIS POLEVOY, IRVING KAPLAN, IRVING LEVY, JOHN NICCOLLAI, AS TRUSTEES OF THE WELFARE FUND OF LOCAL 464, AMALGAMATED MEAT CUTTERS FOOD STORE, EMPLOYEES UNION, AFL-CIO AND HOWARD MARKS, PLAINTIFFS-APPELLANTS, v. RICHARD McDONOUGH, COMMISSIONER OF INSURANCE OF THE STATE OF NEW JERSEY, AND JAMES R. COWAN, M.D., COMMISSIONER OF HEALTH OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 13, 1977.

Attorney(s) appearing for the Case

Mr. Harold Krieger argued the cause for appellants (Messrs. Krieger & Chodash, attorneys).

Mr. Bruce D. Shoulson argued the cause for respondent hospitals and Hospital Service Plan of New Jersey (Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys for Newark Beth Israel Medical Center; Messrs. Winne & Banta, attorneys for Hackensack Hospital Association; Messrs. Lebson & Prigoff, attorneys for Englewood Hospital Association; Messrs. Johnson, Johnson & Murphy, attorneys for St. Joseph's Hospital and Medical Center; Messrs. Schenck, Price, Smith & King, attorneys for Morristown Memorial Hospital; Messrs. Booth, Bate, Hagoort, Keith & Harris, attorneys for Mountainside Hospital; Messrs. Riker, Danzig, Scherer & Debevoise, attorneys for The Hospital Center at Orange and St. Barnabas Medical Center; Messrs. Wilentz, Goldman & Spitzer, attorneys for South Amboy Memorial Hospital; Messrs. Pitney, Hardin & Kipp, attorneys for Hospital Service Plan of New Jersey; Messrs. McCann and McCann, attorneys for Saddle Brook General Hospital; Messrs. Mandak, Roth & Ferrante, attorneys for St. Mary's Hospital of Passaic; Messrs. Smith, Kramer & Morrison, attorneys for Clara Maass Memorial Hospital; Messrs. Kein, Pollatschek & Iacopino, attorneys for Irvington General Hospital; Messrs. Milton, Keane & Brady, attorneys for St. Michael's Medical Center and St. Mary's Hospital of Hoboken; Mr. Vincent P. Rigolosi, Bergen County Counsel, attorney for Bergen Pines County Hospital; Messrs. Morrison & Griggs, attorneys for Greater Paterson General Hospital; Messrs. Clapp & Eisenberg, attorneys for Riverdell Hospital; Messrs. Giordano & Halleran, attorneys for Monmouth Medical Center; Mr. Elmer Friedbauer, attorneys for Beth Israel Hospital of Passaic; Messrs. Breslin and Breslin, attorneys for Holy Name Hospital).

Mr. Wesley S. Caldwell, III, Deputy Attorney General, argued the cause for respondent Commissioners of Insurance and Health of New Jersey (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by SULLIVAN, J.

The summary judgment in favor of defendant Hospitals and defendant Hospital Service Plan of New Jersey (hereinafter Blue Cross) is affirmed for the reasons expressed by Judge Fink of the Chancery Division in his opinion reported at 122 N.J.Super. 387 (1973), aff'd o.b. 136 N.J.Super. 60

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