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VACCARO v. SQUIBB CORP

71 A.D.2d 270 (1979)

Martha Vaccaro, an Infant, by Her Father and Natural Guardian, Juan Vaccaro, et al., Respondents, v. Squibb Corporation et al., Appellants, et al., Defendant

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

December 6, 1979

Attorney(s) appearing for the Case

Joseph M. Costello of counsel (Michael Weinberger with him on the brief; Costello & Shea, attorneys), for Squibb Corporation and another, appellants.

Norman Bard of counsel (Sandra Krevitsky with him on the briefs; Anthony L. Schiavetti, attorney), for Emil E. Maffucci, appellant.

Leonard L. Finz of counsel (William D. Fireman with him on the brief; Lulien, Schlesinger & Finz, P. C., attorneys), for respondents.

KUPFERMAN, J. P., and LANE, J., concur with FEIN, J.; SANDLER, J., concurs in result only; SULLIVAN, J., dissents in an opinion.

FEIN, J.

In these consolidated medical malpractice actions, defendants Squibb Corporation, E. R. Squibb & Sons, Inc. and Dr. Emil E. Maffucci appeal from an order denying their motion and cross motion to dismiss the first nine causes of action of the complaint in Action No. 2 for failure to state a cause of action as a matter of law.

Plaintiff mother Inez...

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