MORAN v. Napolitano

The opinion of the Court was delivered by

Oonfokd, P. J. A. D.,

Temporarily Assigned. This is another medical malpractice case involving the proper application of the “discovery” rule to the defense of statute of limitations. See Lopez v. Swyer, 62 N. J. 267 (1973); Fox v. Passaic General Hospital, 71 N. J. 122 (1976), argued and decided simultaneously herewith, affirming 135 N. J. Super. 108 (App. Div. 1975).

Of the two basic issues presented on this appeal, our opinion in Fox, supi-a, is determinative of one. We there held that notwithstanding that plaintiff discovers his cause of action for…