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BORGIA v. CITY OF NEW YORK

12 N.Y.2d 151 (1962)

John Borgia, an Infant, by Nicholas Borgia, His Guardian ad Litem, et al., Appellants, v. City of New York, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Irving A. Scheinberg, Harold D. Kozupsky and David G. Lubell for appellants.

Leo A. Larkin, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for respondent.

Judges DYE, FULD, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

The infant plaintiff and his father took judgment against the City of New York on a jury's verdict which imported a finding that the infant's injuries were caused by the malpractice and negligence of physicians and nurses employed by the city in one of its hospitals. The city admits that there was evidence of such negligent causation. The Appellate...

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