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DERRELL v. NASSAU COUNTY MED. CTR.

73 A.D.2d 682 (1979)

Vanessa Derrell, an Infant, by Her Mother and Natural Guardian, Lucy Derrell, et al., Respondents, v. Nassau County Medical Center et al., Appellants

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

December 31, 1979

Order affirmed, with $50 costs and disbursements.

In this res ipsa loquitur case, plaintiffs' proof, unrebutted by the defendants, is so convincing that the inferences arising therefrom, that defendants were negligent and the infant plaintiff was free from contributory negligence, are inescapable. Accordingly, the order granting summary judgment should be affirmed. (See Horowitz v Kevah Konner, Inc., 67 A.D.2d 38;...

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