DE MAIO v. COPPOLA


52 A.D.2d 633 (1976)

Maria De Maio, an Infant, by Her Father, Francesco De Maio, et al., Respondents, v. S. Thomas Coppola et al., Appellants

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

April 26, 1976


Order reversed insofar as appealed from, without costs or disbursements, and motion remanded to Special Term for a hearing, before a Judge other than the one who made the order under review, to determine whether the testimony of plaintiff's expert witness establishes a causal connection between the prescribed drug and the injury; if such a connection is established, the Hearing Judge is to set aside the stipulation as to the infant plaintiff; if not, the motion as to her...

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