MASONE v. GIANOTTI


54 A.D.2d 269 (1976)

John Masone, an Infant, by His Natural Parent and Guardian, Thomas Masone, et al., Appellants, v. Rosario Gianotti et al., Respondents

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

November 15, 1976


Attorney(s) appearing for the Case

Pliskin, Rubano & Baum (Joseph A. Baum of counsel), for appellants.

Raymond J. MacDonnell (Philip Hoffer of counsel; Rose L. Hoffer and Peter T. Affatato on the brief), for respondents.

HOPKINS, Acting P. J., DAMIANI and TITONE, JJ., concur; COHALAN, J., dissents and votes to affirm the judgment.


SHAPIRO, J.

In a negligence action by an infant, John Masone, to recover damages for personal injuries, and by his natural parent and guardian, Thomas Masone, individually, for medical, hospital and surgical expenses incurred by him for the care of the infant plaintiff, and for loss of the infant's services, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered August 21, 1975, upon a...

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