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KAVANAUGH v. NUSSBAUM

71 N.Y.2d 535 (1988)

Justin Kavanaugh, Also Known as Justin Gonzales, an Infant, by Irene Gonzales, His Mother and Natural Guardian, et al., Respondents, v. William Nussbaum, Defendant, and Erol Y. Caypinar et al., Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Ignatius John Melito for Erol Y. Caypinar, appellant.

Patricia D'Alvia and Andrea M. Alonso for Brookhaven Memorial Hospital, appellant.

Norman Bard and Beth J. Goldmacher for Nareys Suteethorn, appellant.

Norman E. Frowley for respondents.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, HANCOCK, JR., BELLACOSA and DILLON concur.

KAYE, J.

A physician who designates another doctor to "cover" for him, in the circumstances presented, is not liable for the covering doctor's own negligence in treating the regular physician's patient.

Plaintiff Justin Kavanaugh was born, in obvious distress, at 4:46 A.M., December 16, 1974, after only 31 weeks' gestation, weighing about three pounds. His mother, plaintiff Irene Gonzales, had engaged...

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