RUDDY v. NOLAN


37 A.D.3d 694 (2007)

830 N.Y.S.2d 308

PATRICK RUDDY, Appellant, v. PATRICIA NOLAN et al., Defendants, and VISHNU SEODAT et al., Respondents.

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

Decided February 20, 2007.


Ordered that the order is reversed, on the law, with one bill of costs, and the respondents' motions for summary judgment dismissing the complaint insofar as asserted against them are denied.

The decedent infant Gina Marie Ruddy was born April 25, 1993. Shortly after her birth, she was diagnosed as being allergic to, inter alia, milk. In 1995, after being seen by nonparty allergists, the infant tested as a "4+" on a test for sensitivity to cow's milk.

The...

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