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TOTH v. CMTY. HOSP. AT GLEN COVE

22 N.Y.2d 255 (1968)

Stephanie Toth et al., Infants, by Their Guardian ad Litem, Steve J. Toth, Jr., Appellants, et al., Plaintiff, v. Community Hospital at Glen Cove et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 5, 1968.

Attorney(s) appearing for the Case

Richard J. Burke and Louis Rothbard for appellants.

Ralph H. Terhune and James M. McLaughlin, Jr. for Community Hospital at Glen Cove, respondent.

Harold Shapero for Charles H. Hellmann and another, respondents.

Judges BURKE, BREITEL and JASEN concur with Judge KEATING; Judge BERGAN dissents and votes to affirm as to all defendants in a separate opinion in which Chief Judge FULD and Judge SCILEPPI concur.

KEATING, J.

Stephanie and Jane Toth were born prematurely on the night of June 16, 1953 at the Community Hospital at Glen Cove, New York. From the moment of their birth they were dangerously ill. Their pediatrician, fearful for their lives, immediately ordered that they be placed in an isolette, a type of incubator, and that oxygen be administered to them. His written orders were to the effect that the infants...

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