GARCIA v. VON MICSKY

No. 639, Docket 78-7438.

602 F.2d 51 (1979)

Constance GARCIA and Frank Garcia, Plaintiffs-Appellants, v. Helen F. VON MICSKY, As Administratrix of the Estate of Lajos Von Micsky, Deceased, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 17, 1979.


Attorney(s) appearing for the Case

Albert A. Juron, New York City (Juron & Minzer, P.C., New York City, of counsel), for plaintiffs-appellants.

Arthur N. Seiff, New York City (Anthony L. Schiavetti, New York City, of counsel), for defendant-appellee.

Before LUMBARD, OAKES and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

This is an appeal from a judgment dismissing appellants' complaint in a medical malpractice action following a jury trial before Pierce, J., in the Southern District of New York. The sole issue presented for review is whether the district judge erred in dismissing appellants' separate cause of action for breach of warranty without submitting it to the jury.

In December 1973, appellant Constance Garcia, who had had several miscarriages...

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