DIAZ v. MONTEFIORE MEDICAL CENTER HENRY & LUCY MOSES DIV.


299 A.D.2d 254 (2002)

750 N.Y.S.2d 283

NYSSA M. DIAZ et al., Appellants, v. MONTEFIORE MEDICAL CENTER HENRY & LUCY MOSES DIV. et al., Respondents, et al., Defendants.

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

Decided November 21, 2002.


We affirm the dismissal of the complaint as against defendants-respondents on the ground that plaintiffs were without standing to sue on behalf of the infant plaintiff and that plaintiffs' allegations on their own behalf state no cognizable claim for relief. Although the standing issue was not raised in the motion court, it may nonetheless be reached and determined in support of an affirmance on appeal since it is incontrovertible that none of the adult plaintiffs has standing...

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