Supreme Court of New Jersey

Italo J. Falcone, Plaintiff-Respondent v. Middlesex County Medical Society, an Unincorporated Association, and…

May 8, 196134 N.J. 582

Summary

The Supreme Court of New Jersey affirmed the Law Division's order directing the Middlesex County Medical Society to admit Dr. Italo J. Falcone to full membership. The Court held that the Society's unwritten requirement of four years of study at an AMA‑approved school was arbitrary, contrary to public policy, and that a licensed physician has a judicially enforceable right to membership when the Society exercises a virtual monopoly over hospital facilities.