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DONAWITZ v. DANEK

42 N.Y.2d 138 (1977)

Ilene Donawitz, an Infant, by Herbert Donawitz, Her Father and Natural Guardian, et al., Respondents, v. John J. Danek et al., Defendants, and Dudley F. Hawkes, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1977.

Attorney(s) appearing for the Case

Thomas R. Newman and Barry G. Saretsky for appellant.

Morris Rubenstein for respondents.

Chief Judge BREITEL and Judges GABRIELLI and JONES concur with Judge WACHTLER; Judge JASEN concurs in a separate opinion; Judge COOKE dissents and votes to affirm in an opinion in which Judge FUCHSBERG concurs.

WACHTLER, J.

We are presented with yet another of the plethora of difficult questions which have arisen out of this court's holdings in Seider v Roth (17 N.Y.2d 111) and Simpson v Loehmann (21 N.Y.2d 305, mot for rearg den 21 N.Y.2d 990). For the first time this court has been asked to pass...

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