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KEMPSTER v. CHILD PROTECTIVE SERVS. OF THE DEP'T OF SOC SERVS. OF THE COUNTY OF SUFFOLK

130 A.D.2d 623 (1987)

Muriel Kempster et al., Respondents, v. Child Protective Services of the Department of Social Services of the County of Suffolk, Defendant, and John T. Mather Memorial Hospital, Appellant

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

May 18, 1987

Ordered that the order dated October 3, 1985, is reversed insofar as appealed from, on the law, with costs, the order dated April 3, 1985, is vacated, the motion for summary judgment is granted, the complaint is dismissed insofar as it is asserted against the defendant hospital, and the plaintiffs' action insofar as it is asserted against the remaining defendants is severed.

On August 24, 1981, the infant plaintiff, who...

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