James BOLDT, Josephine Menna, and Kevin Davis, Infant by his Guardian ad Litem, Annie Van Deventer, as parent and natural guardian of infant, Kevin Davis, on behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants,
v.
CORRESPONDENCE MANAGEMENT, INC.; Community Medical Center; Charles E. Bellingham, M.D.; Coastal Urology Associates, Talarico-Bellingham-Linn Urology Group, P.A.; Monmouth Family Medicine Group, P.A., Defendants-Respondents,
and New Jersey State Department of Health, Certificate of NEED AND Acute Care Licensor Program; New Jersey State Board of Medical Examiners, Defendants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 8, 1998.
Decided April 12, 1999.
Attorney(s) appearing for the Case
Herbert Rubin (Herzfeld & Rubin) of the New York Bar, admitted pro hac vice, New York City, for plaintiffs-appellants (Chase Kurshan Suhr Herzfeld & Rubin and Mr. Rubin, attorneys; Jeffrey L. Chase and J. Nicholas Suhr, Howell, on the brief).
Stacy L. Moore, Jr., Marlton, for defendant-respondent Correspondence Management, Inc. (Parker, McCay & Criscuolo, attorneys; Mr. Moore, on the brief).
Frank R. Ciesla, Middletown, for defendant-respondent Community Medical Center (Giordano, Halleran & Ciesla, attorneys; Mr. Ciesla, of counsel; Patrick S. Convery, on the brief).
Orlovsky, Grasso & Bolger, Toms River, for defendants-respondents Monmouth Family Medicine Group, P.A.; Charles E. Bellingham, M.D.; Coastal Urology Associates and Talarico-Bellingham-Linn Urology, P.A. (Susan E. Knoff, on the brief).
Before Judges LONG, WEFING and CARCHMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by CARCHMAN, J.A.D.
These appeals1 involve an issue of alleged overcharging for medical records and require us to determine the appropriate forum for resolution of the factual disputes raised in this litigation. One of the plaintiffs, Kevin Davis, alleges that he was overcharged for medical records by defendant Community Medical Center (CMC), a medical facility
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