MERRILL v. ALBANY MED. CTR. HOSP.


71 N.Y.2d 990 (1988)

Melinda Merrill, an Infant, by Her Mother and Natural Guardian, Frances Merrill, et al., Respondents, v. Albany Medical Center Hospital et al., Defendants, and Martin E. McKneally, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 1988.


Attorney(s) appearing for the Case

John B. McCrory and Domenick L. Gabrielli for appellant.

Mark B. Wiesen for respondents.

Thomas R. Newman and Howard R. Cohen for FOJP Service Corporation and others, amici curiae.

Brian J. Shoot and Arnold L. Kleinick for New York State Trial Lawyers' Association, amicus curiae.


Appeal dismissed, with costs. Jurisdiction for the appeal is predicated upon CPLR 5601 (a), which requires that, at the Appellate Division, there be "a dissent by at least two justices on a question of law in favor of the party taking [the] appeal". Although the dissent in the present case purports to address questions of law, an examination of the full record reveals that the arguments upon which the dissent is predicated were not raised by appellant in the trial court....

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