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MANCUSO v. NECKLES

719 A.2d 716 (1998)

Pia MANCUSO and Lenny Mancuso, her husband, Plaintiffs-Appellants, v. Spero NECKLES, M.D., by Peter J. NECKLES, as Administrator of the Estate of Spero Neckles; Karl G. Klinges, M.D., David G. Butler, M.D., James C. Van Elswyk, M.D., Spero Neckles, M.D., Professional Association also known as Drs. Klinges, Butler, Van Elswyk, Neckles, P.A.; Herbert A. Goldfarb, M.D.; Herbert A. Goldfarb, M.D., P.A.; Montclair Imaging Center; and Steven Sireci, M.D., Defendants, and Clifford Beinart, M.D., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 10, 1998.

Attorney(s) appearing for the Case

Alfred D. Dimiero, Short Hills, for plaintiffs-appellants (Mella and Dimiero, attorneys; Mr. Dimiero, on the brief).

William S. Mezzomo, Springfield, for defendant-respondent (McDonough, Korn, Eichhorn & Boyle, attorneys; James R. Korn, of counsel; Mr. Mezzomo, on the brief).

Before Judges MUIR, Jr., EICHEN, and COBURN.

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

In this medical malpractice case, the Law Division judge granted summary judgment to the remaining defendant, Clifford Beinart, M.D. On appeal, plaintiffs, Pia Mancuso and her husband, Lenny Mancuso, who sues per quod, contend that the judge erred in dismissing their case on the ground that the statute of limitations had run by misapplying the discovery rule of Lopez v. Swyer, 62 N.J. 267...

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