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COMRAS v. LEWIN

183 N.J. Super. 42 (1982)

443 A.2d 229

ARLENE COMRAS, PLAINTIFF-APPELLANT AND BRIAN M. COMRAS, AN INFANT BY HIS GUARDIAN AD LITEM, ARLENE COMRAS, PLAINTIFF, v. LEO LEWIN, M.D., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 1982.

Attorney(s) appearing for the Case

Stephen S. Berowitz argued the cause for appellant (Maskaleris & Berowitz, attorneys).

Anita Hotchkiss argued the cause for respondent (Porzio, Bromberg & Newman, attorneys; Cynthia M. Craig and Anita Hotchkiss on the brief).

Before Judges MILMED, JOELSON and GAULKIN.

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

Plaintiff Arlene Comras brought this action to recover damages for the wrongful birth of a defective child which followed defendant's allegedly negligent failure to make a timely diagnosis of her pregnancy. Tried to a jury the case was dismissed on defendant's motion at the close of plaintiff's case. R. 4:37-2(b). Plaintiff appeals from that judgment; the pretrial dismissal, by partial summary judgment...

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