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GOLDBERG v. CAMP MIKAN-RECRO

42 N.Y.2d 1029 (1977)

Max Goldberg, Individually and as Administrator of The Estate of Craig D. Goldberg, Deceased, Appellant, v. Camp Mikan-Recro et al., Respondents.

Court of Appeals of the State of New York.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Arthur N. Seiff for appellant.

Steven Di Joseph, Thomas R. Newman and Barry G. Saretsky for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

Order affirmed. In this case, as distinguished from Vastola v Maer (39 N.Y.2d 1019) and Caffaro v Trayna (35 N.Y.2d 245), the original suit was not brought by one with the capacity to sue for the infant's personal injuries, the infant then being deceased and no personal representative of his estate having been appointed. Accordingly...

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