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NJ CURE v. ESTATE OF HAMILTON

No. A-0964-08T3

970 A.2d 1051 (2009)

407 N.J. Super. 247

NJ CURE, Plaintiff-Respondent, v. The ESTATE OF Robert HAMILTON, Defendant, and Albert DeNeve, M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 2009.

Attorney(s) appearing for the Case

Glenn W. Banks, Mahwah, argued the cause for appellant (Tuttle & Zisgen, attorneys; Mr. Banks, of counsel and on the briefs).

Paul I. Konopka, argued the cause for respondent (Melli, Guerin & Wall, P.C., attorneys; Kenneth L. O'Donnel, Jr., Paramus, of counsel; Cheryl A. Binosa, on the brief).

Before Judges PAYNE, WAUGH and NEWMAN.

The opinion of the court was delivered by

WAUGH, J.A.D.

Appellant Albert DeNeve, M.D., appeals from an order sanctioning him for repeated failure to produce copies of the medical records of his patient, Robert Hamilton, in connection with a Personal Injury Protection (PIP) arbitration. Although we are of the opinion that DeNeve should have acted much earlier in supplying the records and opposing the enforcement motions...

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