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COSTELLO v. ST. LUKE'S HOSP. CTR.

83 A.D.2d 503 (1981)

Anthony Costello, an Infant, by His Father and Natural Guardian, James Costello, et al., Appellants, v. St. Luke's Hospital Center et al., Respondents

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

July 2, 1981

While the court has considerable discretion under CPLR article 12 concerning the representation of an infant, nevertheless, it should not have granted summary judgment here as to the natural father's status as guardian ad litem, or as to his derivative action, where the record reveals conflicting factual allegations concerning the issues of legal custody, abandonment, fitness of the natural father and possible conflict of interest.

Kupferman, J. P., dissents...

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