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STAHL v. RHEE

220 A.D.2d 39 (1996)

643 N.Y.S.2d 148

Mary Ann Stahl, Appellant, and Harvey B. Besunder, Respondent, v. Youchan Rhee et al., Respondents

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

May 13, 1996

Attorney(s) appearing for the Case

Leon Friedman and Sharyn Grobman, New York City (Baron Vesel of counsel), for appellant. (One brief filed.)

Easton & Clark, Levittown (Alan W. Clark of counsel), for respondent.

Simpson, Thacher & Bartlett, New York City (George M. Newcombe and Lisa R. Paget of counsel), for Sterling Winthrop, Inc., respondent.

Kopff, Nardelli & Dopf, New York City (Martin B. Adams and Peter C. Kopff of counsel), for Youchan Rhee and another, respondents.

MILLER, J. P., and HART, J., concur with GOLDSTEIN, J.; THOMPSON and SULLIVAN, JJ., dissent in a separate opinion by THOMPSON, J.

GOLDSTEIN, J.

At issue here is whether the trial court properly relieved the infant plaintiff's natural guardian, Mary Ann Stahl, and replaced her with an attorney, Harvey B. Besunder, as court-appointed guardian ad litem, for the purpose of approving a settlement of the infant plaintiff's claims. We hold that it did not.

The infant plaintiff was born on February 1, 1977. An Apgar score of nine was recorded...

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