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KRET v. BROOKDALE HOSP.

93 A.D.2d 449 (1983)

Jordan Kret, an Infant, by His Father and Natural Guardian, Arthur Kret, Respondent, v. Brookdale Hospital Medical Center et al., Appellants

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

May 9, 1983

Attorney(s) appearing for the Case

Garbarini, Scher & De Cicco, P. C. (George J. Kehayas and Leo Rothbard of counsel), for appellants.

Kramer, Dillof, Tessel, Duffy & Moore (Claudia A. Morales of counsel), for respondent.

THOMPSON, J. P., WEINSTEIN and BRACKEN, JJ., concur.

BOYERS, J.

The issue for our consideration is whether a judgment in a prior malpractice action in which it was determined, inter alia, that the defendant attending physician was not guilty of malpractice with regard to the monitoring of the infant plaintiff and his mother during labor (Kret v Gergely, Supreme Ct, Kings County, June 23, 1977, ADLER, J., Index No. 1775/75), operates to bar the present action on behalf of the same plaintiff...

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