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MARSHALL v. KLEBANOV

875 A.2d 1035 (2005)

378 N.J. Super. 371

Craig S. MARSHALL, Administrator Ad Prosequendum of the Estate of Ellen S. Marshall, Deceased, Plaintiff-Appellant, v. Vladimir KLEBANOV, M.D., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2005.

Attorney(s) appearing for the Case

Alex Lyubarsky, Woodbridge, argued the cause for appellant (Wilentz, Goldman & Spitzer, attorneys; Barry A. Cooke, of counsel, and Mr. Cooke and Mr. Lyubarsky, on the brief).

Alan J. Baratz, Parsippany, argued the cause for respondent (Weiner, Lesniak, attorneys; Mr. Baratz, of counsel; Mr. Baratz and Adam Kenny, on the brief).

Before Judges LEFELT, ALLEY and FUENTES.

The opinion of the court was delivered by

LEFELT, J.A.D.

Ellen Marshall, a thirty-six year old married mother of two young sons, hanged herself two days before a scheduled appointment with her psychiatrist, defendant Vladimir Klebanov. Her husband, plaintiff Craig Marshall, sued defendant on behalf of himself and his wife's estate for malpractice and wrongful death. Plaintiff now appeals from the motion judge's summary judgment, which concluded that defendant...

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