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GANESS v. CITY OF NEW YORK

85 N.Y.2d 733 (1995)

651 N.E.2d 1261

628 N.Y.S.2d 242

Sean Ganess, an Infant, by His Parents and Natural Guardians, Nelson Ganess et al., Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Pegalis & Wachsman, P. C., Great Neck (Gilbert Spencer, Steven E. Pegalis and Sanford S. Nagrotsky of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Elaine R. Rothenberg and Larry A. Sonnenshein of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in Per Curiam opinion; Judge TITONE concurs in a separate concurring opinion.

Per Curiam.

Plaintiff was born on August 6, 1973 at Elmhurst General Hospital, Queens County, with a medical condition known as Erb's palsy, which affects his left shoulder and arm. Beginning shortly after his birth, plaintiff visited doctors at the Hospital's Pediatric Neuromuscular Rehabilitation Clinic where his condition was monitored and his parents received instruction in a therapeutic program of home exercises.

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