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TAYLOR v. HOROWITZ

87 Misc.2d 695 (1976)

Stewart Taylor, by His Parent, Pauline Taylor, et al., Plaintiffs, v. Fred Horowitz et al., Defendants and Third-Party Plaintiffs. P.R. Smalldon et al., Third-Party Defendants.

Supreme Court, Special Term, Sullivan County.

April 8, 1976

Attorney(s) appearing for the Case

Clark, Gagliardi & Miller for third-party defendants. Finkelstein, Mauriello, Kaplan & Levine for defendants and third-party plaintiffs. Appelbaum & Eisenberg for plaintiffs.

ROGER J. MINER, J.

This is a motion to dismiss the third-party complaint in an action for medical malpractice.

It appears that the infant plaintiff sustained lacerations of the buttocks in an accident which occurred on December 26, 1968. The complaint alleges that defendant Horowitz undertook the treatment of the infant immediately thereafter and sutured the lacerations without examining by X ray for...

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