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HOWARD v. UNIVERSITY OF MEDICINE AND DENTISTRY

768 A.2d 195 (2001)

338 N.J. Super. 33

Joseph HOWARD and Marie Howard, Plaintiffs-Appellants, v. UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY, Dr. C. Ruebenacker, Dr. C. Vaicys, Dr. Grigorian, M. Felix, Kristin Schwerzer, J. Esposito, E. Wheeler, Karen Romano, Jonathan Dalmer, John Does 1-25 (fictitious names), Jim Does 1-25 (fictitious names), Betty Does 1-25 (fictitious names), and ABC Corps. 1-20 (fictitious names), Defendants, and Dr. Robert Heary, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 2001.

Attorney(s) appearing for the Case

Bruce H. Nagel, Livingston, argued the cause for appellants (Nagel, Rice, Dreifuss & Mazie, attorneys; Mr. Nagel of counsel; Adam M. Slater and Susan F. Connors, on the brief).

Matthew S. Schorr, Springfield, argued the cause for respondent, Robert Heary, M.D., (McDonough, Korn & Eichhorn, attorneys; Mr. Schorr, of counsel; Andrew V. Ha, on the brief).

Before Judges BAIME, CARCHMAN and LINTNER.

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

Plaintiffs, Joseph and Marie Howard, appeal an order denying their motion to amend their complaint to include a count for fraudulent misrepresentations against defendant, Dr. Robert F. Heary. Leave to appeal, R. 2:2-4, was granted on October 4, 2000. We now reverse.

Joseph Howard1 suffered from cervical myelopathy secondary to cervical stenosis and a significantly...

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