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WOLFE v. MALBERG

760 A.2d 812 (2000)

334 N.J. Super. 630

Jeffrey WOLFE and Rosanna Wolfe, his wife, Plaintiffs-Appellants, v. Marc MALBERG, M.D., St. Peter's Medical Center, Danek Medical, Inc. and Sofamor Danek Group, Inc., Defendants-Respondents, and Nicole Einhorn, M.D., Defendant.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2000.

Attorney(s) appearing for the Case

Ominsky & Messa, Marlton, attorneys for appellants (Joseph L. Messa, Jr., of counsel; Andrew D. Swain, Philadelphia, PA, and Laurence M. Kagan, on the brief).

Pepper Hamilton, Philadelphia, PA, attorneys for respondents Sofamor Danek Group, Inc. and Danek Medical Inc. (David Richman and James M. Beck, Philadelphia, PA, of counsel; Laurie H. Polinsky, on the brief).

Thomas B. Leyhane and Associates, Lawrenceville, attorneys for respondent Mark Malberg, M.D. (Mary Elizabeth Gazi, on the brief).

Amdur, Boyle, Maggs & McGann, attorneys for respondent St. Peter's Medical Center rely on the brief of respondent Mark Malberg, M.D.

Before Judges KING, KLEINER and COBURN.

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

In this medical malpractice action, the trial judge concluded that defendants' ability to engage in discovery was impeded by the conduct of both plaintiffs' attorney and their expert witness. He also held plaintiffs' attorney in contempt of court. In two orders dated October 6, 1999, the judge directed that plaintiffs' attorney pay $1,000 to the court for violation...

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