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THOMPSON v. PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK

35 A.D.2d 838 (1970)

Auria Thompson, an Infant, by Jerry Thompson, Her Guardian ad Litem, Respondent, et al., Plaintiff, v. Presbyterian Hospital in the City of New York, Appellant, et al., Defendant

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

November 23, 1970

Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered.

In its charge to the jury the trial court stated: "We don't know whether the father and mother of this child ever went to a lawyer immediately after this thing. They may have; they may not have. But up until around 1957 — and this occurred in 1949 — up until around 1957, if they had gone to a lawyer, the lawyer probably...

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