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OPEN MRI v. FRIERI

No. A-4689-07T2.

966 A.2d 48 (2009)

405 N.J. Super. 576

OPEN MRI OF MORRIS & ESSEX, L.P., MRI Management Group, LLC, Fiorenza/Weisberg Equities, Inc., Dominick Fiorenza, Mark Weisberg, Eddy Fischgrund and Mark Cammarota, Plaintiffs-Respondents, v. John R. FRIERI, Frieri & Conroy, LLC, Defendants-Respondents. State Farm Indemnity Company, Plaintiff, and State of New Jersey, Office of the Insurance Fraud Prosecutor, Intervenor/Plaintiff-Appellant, v. Open MRI of Morris & Essex, L.P., Defendant-Respondent. New Jersey Manufacturers Insurance Company, Plaintiff, and State of New Jersey, Office of the Insurance Fraud Prosecutor, Intervenor/Plaintiff-Appellant, v. Open MRI of Morris & Essex, L.P., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 2009.

Attorney(s) appearing for the Case

John C. Grady, Deputy Attorney General, argued the cause for appellant State of New Jersey, Office of the Insurance Fraud Prosecutor (Anne Milgram, Attorney General, attorney; Melissa H. Raksa, Deputy Attorney General, of counsel; Barbara C. Zimmerman, Deputy Attorney General, and Mr. Grady, on the briefs).

Ethan Jesse Sheffet, Springfield, argued the cause for respondents Open MRI of Morris & Essex, L.P., MRI Management Group, LLC, and Eddy Fischgrund (Sheffet & Dvorin, attorneys; Mr. Sheffet, on the joint brief).

John B. Collins, Denville, argued the cause for respondent Dominick Fiorenza (Bongiovanni, Collins & Warden, attorneys; Mr. Collins, of counsel and on the joint brief).

Christopher J. Carey, Morristown, argued the cause for respondents John R. Frieri and Frieri & Conroy, LLC (Graham Curtin, attorneys; Mr. Carey, of counsel; Patrick J. Galligan and Loren L. Speziale, on the brief).

Before Judges WEFING, YANNOTTI and LeWINN.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Pursuant to leave granted, the State of New Jersey Office of the Insurance Fraud Prosecutor ("OIFP") appeals from a trial court order denying its motion for summary judgment. After reviewing the record in light of the contentions advanced on appeal, we affirm in part, reverse in part, and remand for further proceedings.

The matter has a complex factual background which must be set forth for...

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