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LABELLO v. ALBANY MED. CTR.

85 N.Y.2d 701 (1995)

651 N.E.2d 908

628 N.Y.S.2d 40

Tina LaBello, as Parent and Natural Guardian of Donald LaBello, an Infant, Appellant, v. Albany Medical Center Hospital et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Michaels and Bell, P. C., Auburn (John V. Bell of counsel), for appellant.

Maynard, O'Connor, Smith, Catalinotto & D'Agostino, Albany (Arete Sprio and Christine Kirwin Krackeler of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

Plaintiff mother and guardian, Tina LaBello, on behalf of Donald LaBello, age 12, sues the Albany Medical Center Hospital and others for injuries allegedly inflicted in November 1982. The case turns on the accrual date for a medical malpractice claim predicated on prenatal injuries allegedly negligently caused by defendants. The issue, as particularized and applied, is whether this infant's cause...

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