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MINARDO v. ESTATE OF MUSSIO

116 A.D.2d 701 (1986)

Anthony Minardo, an Infant, by His Father and Natural Guardian, Frank Minardo, et al., Appellants, v. Estate of John Mussio et al., Defendants, and Bay Ridge Hospital, Respondent

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

January 27, 1986

Judgment affirmed, insofar as appealed from, without costs or disbursements.

The court properly granted judgment during trial in favor of defendant Bay Ridge Hospital (see, CPLR 4401). On appeal, it is argued that the jury could have found the hospital liable for the injuries sustained by the infant plaintiff because of the failure of the hospital staff to contact a pediatrician at some point after 2:30 P.M. on November...

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