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FOLEY v. FLUSHING HOSP. & MED. CTR.

41 A.D.2d 769 (1973)

Richard Foley, an Infant, by His Parent John Foley, Appellant, v. Flushing Hospital and Medical Center et al., Respondents

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

March 26, 1973

Judgment affirmed, with costs.

No opinion.

Shapiro, J., concurs in the affirmance as to defendant Frank Labriola, but otherwise dissents and votes to reverse and to grant a new trial as against defendants Flushing Hospital and Medical Center and Edmund Di Lello, with the following memorandum, in which Martuscello, J., concurs:

I agree with the majority that the judgment should be affirmed as to the defendant Labriola, the obstetrician...

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