FELICE v. ST. AGNES HOSP.


65 A.D.2d 388 (1978)

Salvatore Felice, as Administrator of The Estate of Carol Felice, Deceased, Plaintiff, v. St. Agnes Hospital, Respondent. John Rossi et al., Appellants

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

December 18, 1978


Attorney(s) appearing for the Case

Anthony L. Schiavetti (Norman Bard of counsel; Sandra Krevitsky on the brief), for appellants.

King, Edwards & O'Connor (J. Peter Collins of counsel), for respondent.

LATHAM, J. P., and DAMIANI, J., concur with TITONE, J.; SUOZZI, J., concurs in the dismissal of the appeal from the order entered February 22, 1978, but otherwise dissents and votes to grant the appellants' motion to amend the caption in the above-entitled action by deleting their names as parties defendant, with an opinion.


TITONE, J.

This is a wrongful death action against defendant St. Agnes Hospital, and three physicians, Drs. Rossi, Istwany and Trimarchi.

On November 27, 1974, plaintiff's decedent entered defendant hospital for the purpose of giving birth to her daughter Carol Ann, who was delivered that day. The mother died the next day from an infection allegedly not previously diagnosed or treated. Defendants Rossi...

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