COLOZZO v. LoVECE


144 A.D.2d 617 (1988)

Patricia A. Colozzo, an Infant, by Her Father and Natural Guardian, Donald Colozzo, et al., Appellants, v. George LoVece, Respondent

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

November 28, 1988


Ordered that the judgment is reversed, on the law, the motion is denied, and a new trial is granted, with costs to abide the event.

Following the premature birth of the infant plaintiff on August 26, 1978, the nurses at the hospital noted on her chart on September 6 and 7, 1978, that she was irritable and that she was not feeding well. Since the defendant, who was the infant plaintiff's pediatrician, thereafter examined...

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