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SHORE ORTHOPAEDIC GROUP v. EQUITABLE LIFE

A-4 September Term 2008.

972 A.2d 381 (2009)

199 N.J. 310

SHORE ORTHOPAEDIC GROUP, LLC, Plaintiff-Appellant, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Respondent, and EQ Financial Consultants, Inc., Alexander Borsuk, Louis Farkas, and John F. Krahnert Agency, Defendants.

Supreme Court of New Jersey.

Decided June 22, 2009.

Attorney(s) appearing for the Case

Mark E. Duckstein, Newark, argued the cause for appellant (Sills Cummis & Gross, attorneys).

Kim Kocher, Philadelphia, PA, argued the cause for respondent (White and Williams, attorneys).

PER CURIAM.

The judgment of the Appellate Division is affirmed substantially for the reasons expressed by Judge Stern in the opinion below.

JUSTICE LaVECCHIA, dissenting.

With due respect to my colleagues in the majority, I must respectfully dissent. I cannot agree with the application given to Rule 4:42-9(a)(6) in this matter. The Rule provides one of the enumerated exceptions that this Court has carved...

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