CAPUTO v. FRANKEL


89 A.D.2d 595 (1982)

Richard Caputo, Respondent-Appellant, v. Jesse M. Frankel et al., Defendants; Nathan Rabiner et al., Appellants-Respondents, and Maimonides Hospital of Brooklyn, Respondent

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

July 19, 1982


Judgment reversed insofar as appealed from, on the law, and a new trial granted, with costs to abide the event.

Plaintiff, almost 23 years old at the time of trial, seeks damages for having been born with cerebral palsy, a condition which he alleges was caused by the malpractice of defendants during his delivery. Defendant Dr. Rabiner was plaintiff's mother's obstetrician; at the time of the birth, he was a partner in the Flatbush Medical Group, as was defendant Dr...

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