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DOWELL v. REMMER

22 A.D.2d 192 (1964)

Amy L. Dowell, an Infant, by Robert V. Dowell, Her Guardian ad Litem, et al., Appellants, v. Harry T. Remmer, Jr., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 10, 1964.

Attorney(s) appearing for the Case

Shaw J. Dallal and Salvador J. Capecelatro, Sr., for appellants.

Martin, Clearwater & Bell (Robert J. Bell of counsel), for H. T. Remmer and another, respondents.

Kernan & Kernan (James S. Kernan, Jr., of counsel), for the Faxton Hospital, respondent.

BASTOW, GOLDMAN and NOONAN, JJ., concur in Per Curiam opinion; WILLIAMS, P. J., dissents in part and votes to affirm as to defendant doctors Remmer and Manogue, in opinion; HENRY, J., dissents and votes to affirm, in opinion.

Per Curiam.

This is an appeal by the plaintiffs from unfavorable determinations with respect to five causes of action alleged in one complaint. The causes of action are as follows: (1) by the infant plaintiff against all of the defendants, seeking damages for personal injuries; (2) by the father of the infant for his derivative claim against all of the defendants; (3) by Maralynn A. Dowell, mother of the infant, seeking...

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