TENUTO v. LEDERLE LABS., DIV. OF AM. CYANAMID CO.


207 A.D.2d 541 (1994)

616 N.Y.S.2d 391

Dominick Tenuto et al., Appellants, v. Lederle Laboratories, Division of American Cyanamid Company, Defendant, and Leroy L. Schwartz, Respondent

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

August 29, 1994


Ordered that the order is affirmed, with costs.

This is an action to recover damages for personal injuries allegedly sustained by the plaintiffs, when exposed to a "live polio virus * * * contained in the excrement of their infant daughter" as a result of defendant, Dr. Schwartz's failure to inform the plaintiffs that they might contract paralytic poliomyelitis through contact with their daughter's excrement.

It is undisputed that on January 9, May 7, and...

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