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ROCKEFELLER v. MORONT

182 A.D.2d 160 (1992)

Mark Rockefeller et al., Respondents, v. George P. Moront et al., Appellants

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

August 27, 1992

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Shirley Clouser and James A. Resila of counsel), Albany, for George P. Moront, appellant.

Maynard, O'Connor & Smith (Arete Sprio of counsel), Albany, for Columbia Memorial Hospital, appellant.

Powers & Santola (Michael J. Hutter of counsel), Albany, for respondents.

CREW III and HARVEY, JJ., concur with YESAWICH JR., J.; MIKOLL, J. P., and MERCURE, J., dissent in an opinion by MIKOLL, J. P.

YESAWICH JR., J.

On June 23, 1971 defendant George P. Moront, a licensed physician, performed left hernia repair surgery on plaintiff Mark Rockefeller (hereinafter plaintiff) at defendant Columbia Memorial Hospital; plaintiff was approximately four years old at the time. In 1988, plaintiff married and, when his wife was unable to conceive, it was discovered that plaintiff's semen contained no sperm. Thereafter...

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