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RINCON v. DELAPAZ

279 N.J. Super. 682 (1995)

653 A.2d 1205

MIGUEL RINCON, PLAINTIFF, v. ILMA DELAPAZ AND ELAINE BENKOVICH, DEFENDANTS. ELAINE M. BENKOVICH, PLAINTIFF-APPELLANT, v. ILMA DELAPAZ, DEFENDANT-RESPONDENT, AND JOHN DOE AND ABC COMPANY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 3, 1995.

Attorney(s) appearing for the Case

McHugh & Imbornone, attorneys for appellant (Salvatore Imbornone, Jr., on the brief).

Connell, Foley & Geiser, attorneys for respondent (Richard D. Catenacci, of counsel; Mr. Catenacci, Paul T. Fader and Brendan Judge, on the brief).

Before Judges KING, D'ANNUNZIO and EICHEN.

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

In this personal injury negligence action, defendant's counsel did not plan to call the defense's examining physician, Dr. Bercik, as a witness at trial. When requested, defense counsel refused to provide plaintiff, Elaine M. Benkovich, with a copy of Dr. Bercik's report. We granted plaintiff leave to appeal from an order denying her a copy of the report. We reverse.

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