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  5. 95 A.D.2d 598 (1983)
 

JOHNSON v. JAMAICA HOSP.

95 A.D.2d 598 (1983)

Cynthia Johnson et al., Respondents, v. Jamaica Hospital, Appellant

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

October 17, 1983

Attorney(s) appearing for the Case

Howard S. Davis (Barry M. Hoffman of counsel), for appellant.

Jacob Firester for respondents.

MOLLEN, P. J., and RUBIN, J., concur in the opinion of BOYERS, J.; BRACKEN, J., dissents and votes to reverse the order and grant defendant's motion to dismiss the complaint, with an opinion, in which THOMPSON, J., concurs.

BOYERS, J.

In their complaint, plaintiffs seek money damages for severe emotional anguish suffered as a result of the disappearance of their nine-day-old daughter from the defendant hospital's nursery, an event allegedly occasioned by the hospital's negligence in its care and custody of their infant.

Following her birth on June 8, 1981, plaintiffs' infant daughter, Kawana, remained in the care and custody of the defendant hospital for further...

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