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SILVERMAN v. LATHROP

168 N.J. Super. 333 (1979)

403 A.2d 18

ELIZABETH H. SILVERMAN, EXECUTRIX OF THE ESTATE OF STANLEY H. SILVERMAN, DECEASED; AND ELIZABETH H. SILVERMAN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS AND CROSS RESPONDENTS, v. RICHARD G. LATHROP, M.D., DEFENDANT-RESPONDENT AND CROSS APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 1979.

Attorney(s) appearing for the Case

Mr. Leonard S. Sachar argued the cause for appellants and cross-respondents (Messrs. Sachar, Bernstein, Rothberg, Sikora & Mongello, attorneys).

Mr. Richard J. Sauerwein argued the cause for respondent and cross-appellant.

Before Judges CONFORD, PRESSLER and KING.

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

This case commenced as a personal injury malpractice action. The then plaintiff, Stanley N. Silverman, charged defendant Dr. Lathrop, with negligence in his diagnosis and care of a lesion behind plaintiff's right knee which had allegedly metastasized. Silverman died shortly after filing suit and thereafter the trial judge granted defendant's motion for summary...

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