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SHEA v. GITLIN

20 Misc.2d 215 (1959)

John J. Shea III, an Infant, by His Guardian ad Litem John J. Shea II, et al., Plaintiffs, v. Otto Gitlin, Doing Business as Queens Memorial Hospital, et al., Defendants and Third-Party Plaintiffs. Samuel Weiner et al., Third-Party Defendants.

Supreme Court, Special Term, Queens County.

July 27, 1959.

Attorney(s) appearing for the Case

Garbarini & Kroll (James W. Taylor of counsel), for third-party defendants.

Robinson & Gales for third-party plaintiffs.

PETER M. DALY, J.

Motion by third-party defendants for an order dismissing the third-party complaint for insufficiency.

The primary complaint alleges, as a first cause of action against the defendant Gitlin, that the infant plaintiff was born at a private hospital owned, managed and controlled by said defendant, that at birth the infant plaintiff was fully and normally formed and a healthy baby, that after delivery he was given to the nurse, the...

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