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LANDON v. NEW YORK HOSP.

65 N.Y.2d 639 (1985)

Terri Landon, an Infant, by Her Father and Natural Guardian, Leonard Landon, et al., Plaintiffs, and Marlene Landon, Appellant, v. New York Hospital et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1985.

Attorney(s) appearing for the Case

J. Irwin Shapiro, Daniel M. Kolko and Morton M. Berger for appellant.

Daniel F. Doman, Gary A. Wagner and John P. O'Shea, Jr., for New York Hospital and another, respondents.

Charles L. Bach, Jr., Luke M. Pittoni and Walter R. Marklein for Donald R. Skog, respondent.

Harold Kenneth King, Jr., for Virginia E. Pomeranz, respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and KANE. Judge JASEN dissents and votes to reverse in an opinion. Taking no part: Judge MEYER.

Order affirmed, with costs, for the reasons stated in the opinion by Justice Arnold L. Fein at the Appellate Division (101 A.D.2d 489).

JASEN, J. (dissenting).

By its holding today, the majority fails to take cognizance of the independent duty of care flowing from the physicians to the parents by virtue of their professional relationship. The transmission of misinformation...

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