William TAGLIERI, as Executor of the Estate of Mark F. Yatrofsky, Deceased, Plaintiff-Respondent,
v.
Albert MOSS, M.D., Defendant-Appellant, and
Eckerd Drugs and Boyts Pharmacy, Defendants.
Albert Moss, M.D., Third-Party Plaintiff-Appellant,
v.
William Taglieri, Individually, and Barry Sherwin, Third-Party Defendants, and
Claus Warnebold, Third-Party Defendant/Counterclaimant-Respondent.
Claus Warnebold, Fourth-Party Plaintiff,
v.
Prudential Property and Casualty Ins. Co. of New Jersey, Fourth-Party Defendant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 16, 2003.
Decided February 26, 2004.
Attorney(s) appearing for the Case
Franca D. Maiorano-Hobbs, Roseland, argued the cause for appellant Albert Moss, M.D. in A-5052-02T5 (Sharp & Brown, attorneys; Ms. Maiorano-Hobbs, of counsel, Leonard S. Rothbard, on the brief).
Lauren Koffler O'Neill, argued the cause for appellant Albert Moss, M.D. in A-5053-02T5 (Post, Polak, Goodsell, MacNeill & Strauchler, attorneys; Ms. O'Neill, of counsel, Ms. O'Neill, Roseland and Nancy Crosta Landale, Madison, on the brief).
Leonard C. Leicht, Livingston, argued the cause for respondent Claus Warnebold in both appeals (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; Mr. Leicht, of counsel and on the brief).
David Mazie, Livingston, on behalf of respondent William Taglieri, joined in the brief filed on behalf of respondent Claus Warnebold in both appeals (Nagel, Rice & Mazie, attorneys; Mr. Mazie, of counsel).
Before Judges CARCHMAN, WECKER and WEISSBARD.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by WECKER, J.A.D.
These appeals, which we now consolidate and address in one opinion,1 arise in the context of a medical malpractice action brought by fourth-party plaintiff Claus Warnebold against defendant Albert Moss, M.D. Warnebold alleges that Moss's excessive prescription of narcotic drugs proximately caused his drug addiction. The record establishes that Moss knowingly violated regulations...
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