LAWLER v. ISAAC


249 N.J. Super. 11 (1991)

592 A.2d 1

BERNARD LAWLER AND EMMA LAWLER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. MELAID ISAAC, M.D., AND JAMES SULLIVAN, M.D., DEFENDANTS-RESPONDENTS, AND JERALD NATHAN FRIEDMAN, M.D., C.A. RAVANZO, M.D., AND WARREN HOSPITAL, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1991.


Attorney(s) appearing for the Case

Eric J. Ludwig argued the cause for appellants (Stark & Stark, P.C., attorneys; Eric J. Ludwig, of counsel and on the brief and reply brief; Susan Jacobucci on the brief and reply brief).

L. Blakeley Johnstone, III, argued the cause for respondent Isaac (Johnstone, Skok, Loughlin & Lane, P.C., attorneys; L. Blakeley Johnstone, of counsel; Michael J. Schoppmann on the brief).

Roger G. Ellis argued the cause for respondent Sullivan (Bumgardner, Hardin & Ellis, attorneys; Roger G. Ellis, of counsel; M. Christie Wise on the brief).

Before Judges PRESSLER, BAIME and A.M. STEIN.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We granted leave to appeal in this medical malpractice action from the Law Division's order denying plaintiffs' motion to vacate the voluntary stipulations of dismissal without prejudice executed by their former lawyer and to reinstate the complaint against defendants Isaac and Sullivan. We reverse and order the complaints to be reinstated against these two physicians. The motion judge incorrectly considered...

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