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KINSELLA v. KINSELLA

150 N.J. 276 (1997)

696 A.2d 556

JOHN KINSELLA, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. MARY KINSELLA, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 10, 1997.

Attorney(s) appearing for the Case

Cary B. Cheifetz and Michael C. Caulfield argued the cause for appellant and cross-respondent (Skoloff & Wolfe and Kummer, Knox, Naughton & Hansbury, attorneys; Mr. Cheifetz, Beatrice E. Kandell and Phyllis S. Klein, on the briefs).

Christopher P. Gengaro and Toby Solomon argued the cause for respondent and cross-appellant (Lentz & Gengaro and Mr. Solomon, attorneys; Mr. Gengaro, Ms. Solomon and David W. Lentz, of counsel and on the brief).

The opinion of the Court was delivered by STEIN, J.

This appeal presents the question whether the psychologist-patient privilege may be invoked by a patient to prevent discovery of psychotherapeutic treatment records in the context of three aspects of matrimonial litigation: a marital tort claim against the patient, an extreme cruelty claim for divorce by the patient, and a child custody dispute between the patient and his spouse.

I

Plaintiff John...

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