MACEDO v. DELLO RUSSO


819 A.2d 5 (2003)

359 N.J. Super. 78

Joseph MACEDO, Rose Mary Lesky, and all other similarly situated, Plaintiffs-Appellants, v. Joseph DELLO RUSSO, Joseph Dello Russo, P.A. t/a New Jersey Eye Center, Medical Care, P.L.L.C. d/b/a Dello Russo Laser Vision, and William T. Kellogg, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 2003.


Attorney(s) appearing for the Case

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

Robert W. Shaw, Mount Olive, argued the cause for respondent Dello Russo (Mintzer, Sarowitz, Zeris, Ledva & Meyers, attorneys; Daniel J. McCarthy, Cranford, on the joint brief filed by respondents).

John L. Shanahan, Hackensack, argued the cause for respondent New Jersey Eye Center (Hein, Smith, Berezin, Maloof & Jacobs, attorneys; Mr. Shanahan, on the joint brief filed by respondents).

Donald Larsen argued the cause for respondent Kellogg (Sanders & Larsen, attorneys; Mr. Larsen, on the joint brief filed by respondents.)

Kern, Augustine, Conroy & Schoppman, attorneys for respondents Dello Russo and New Jersey Eye Center (Steven Kern, on the joint brief filed by respondents).

Before Judges KESTIN, EICHEN and WEISSBARD.


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

Plaintiffs filed a class action* complaint against defendant Joseph Dello Russo, a licensed physician specializing in ophthalmology and laser surgery; his practice entity, a professional association which trades as the New Jersey Eye Center, Medical Care, P.L.L.C., and does business as Dello Russo Laser Vision; and William T. Kellogg, M.D., an employee of Dello Russo. As later...

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