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ALVES v. ROSENBERG

Docket No. A-0015-07T1

948 A.2d 701 (2008)

400 N.J. Super. 553

Kenia ALVES, Plaintiff-Appellant, v. Paul H. ROSENBERG, M.D., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2008.

Attorney(s) appearing for the Case

Peter Berge argued the cause for appellant (Bendit Weinstock, P.A., West Orange, attorneys; Mr. Berge, Christine M. Tiritilli, and William L. Gold, on the briefs).

Richard A. Amdur, Eatontown, argued the cause for respondent (Amdur, Maggs & Shor, P.C.; Mr. Amdur, of counsel and on the brief).

Before Judges PARRILLO, S.L. REISNER and GILROY.

The opinion of the court was delivered by

PARRILLO, J.A.D.

In this medical malpractice action, plaintiff Kenia Alves appeals from a final judgment entered on a jury's no cause verdict in favor of defendant Paul H. Rosenberg, M.D. Because we find the trial court erred in allowing defense counsel to read extensive portions of the non-testifying defendant's deposition testimony into the record, we reverse.

By way of background, on December 3, 2001, plaintiff...

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