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LALLAVE v. CITY OF NEW YORK

127 A.D.2d 634 (1987)

Diane Lallave, Respondent, et al., Plaintiff, v. City of New York et al., Appellants

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

February 9, 1987

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the action is dismissed in its entirety.

The infant plaintiff was born on April 23, 1968, at Cumberland Hospital. It is alleged that as a result of the negligence of hospital personnel affiliated with delivery and pre- and postnatal care, the infant sustained brain damage which is believed to be permanent in nature. A notice of claim was served upon the New York City Health and...

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