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DAVIS v. TIRRELL

110 Misc.2d 889 (1981)

Norman Davis et al., on Behalf of Their Infant Son, James Davis, Plaintiffs, v. Genovieve Tirrell, Defendant.

Supreme Court, Broome County.

September 29, 1981

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Carlton Thompson of counsel), for defendant. Ronald Benjamin and Eleanor L. Polimeni for plaintiffs.

FREDERICK B. BRYANT, J.

In this action the plaintiffs seek to recover damages for alleged medical malpractice on the part of the defendant. The defendant has moved for a dismissal of the complaint pursuant to CPLR 3211 (subd [a], par 7) and for summary judgment in her favor pursuant to CPLR 3211 (subd [c]) and 3212.

The infant plaintiff, James Davis, was enrolled as a student in Maine-Endwell Central School District. He was the subject of frequent...

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