CALVARUSO v. OUR LADY OF PEACE ROMAN CATHOLIC CHURCH


36 A.D.2d 755 (1971)

Joseph Calvaruso, an Infant, by Gloria Calvaruso, as Natural Guardian, et al., Appellants, v. Our Lady of Peace Roman Catholic Church, Defendant, and Methodist Hospital of Brooklyn et al., Respondents

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

March 22, 1971


Judgment reversed insofar as appealed from, on the law, and, as between plaintiffs and defendants other than Our Lady of Peace Roman Catholic Church, actions severed and new trial granted, with costs to abide the event.

The questions of fact have not been considered. Because the trial court dismissed the complaints, plaintiffs are entitled to have the proof read in the light most favorable to them and to have the benefit of the reasonable inferences to be drawn from...

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