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LAKE v. ST. FRANCIS CARDIAC HOSP.

28 A.D.2d 895 (1967)

Andrea Lake, an Infant, by Her Guardian Dolores Lake, Respondent, v. St. Francis Cardiac Hospital, Appellant

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

July 10, 1967

In our opinion, the amount of the verdict in plaintiff's favor was excessive to the extent indicated.

Benjamin, J., dissents and votes to affirm the judgment, with the following memorandum:

The jury awarded $45,000 to this infant plaintiff for a linear skull fracture and brain damage which aggravated a pre-existing mental retardation. In my opinion, this award is not at all excessive. I see no basis for disturbing the verdict of the jury. If no...

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