MAY v. BERRETTA


43 A.D.2d 741 (1973)

George T. May et al., Respondents, v. Joseph B. Berretta, Appellant

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

December 31, 1973


Judgment reversed, on the law and the facts, and new trial granted on the issue of damages only, with costs to abide the event.

In the light of a hiatus of more than two years between the injury to plaintiff Doris B. May and a subsequently discovered condition which revealed a congenital anomaly requiring extensive surgery, we find the evidence insufficient to establish a causal relationship between the accident and the subsequently discovered condition, and inadequate...

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