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LEAL v. SIMON

147 A.D.2d 198 (1989)

Ixia Leal, as Guardian of the Person of Charles Leal, a Mentally Retarded Person, Respondent, v. Sheldon Simon et al., Appellants

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

June 12, 1989

Attorney(s) appearing for the Case

Rivkin, Rader, Dunne & Bayh (Evan H. Krinick and Frank L. Amoroso of counsel), for Sheldon Simon, appellant.

Meyer, Suozzi, English & Klein, P. C. (Bernard S. Meyer, Patrick J. Purcell, Kenneth L. Gartner and Larry J. Bonchonsky of counsel), for United Cerebral Palsy Association of Nassau County, Inc., appellant.

Blume, Easton & Clark (Alan W. Clark, Robert S. Blume, Mark Easton, Richard J. Kaufman, Deborah S. Kurtz and David J. Sobel of counsel), for respondent.

LAWRENCE, J. P., SPATT and SULLIVAN, JJ., concur.

RUBIN, J.

This action arises from the defendant Dr. Simon's treatment in 1982 of Charles Leal, a 36-year-old individual who was born severely mentally retarded and blind. While he was treated by Dr. Simon, Charles was a resident of an intermediate care facility of the United Cerebral Palsy Association of Nassau County, Inc. (hereinafter UCPA).

Charles had...

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