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Gamell v. Mount Sinai Hospital

32 N.Y.2d 678 Court N.Y. Decision date 1973-03-15 English

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p. 678
Tracy Gamell, an Infant, by Her Guardian ad Litem Eugene Gamell, et al., Appellants, v. Mount Sinai Hospital et al., Respondents.
Submitted March 5, 1973;
decided March 15, 1973.
Thomas B. Newman and Norman Bard for motions.
Joseph Kelner opposed.

Motions granted and appeal dismissed, without costs, upon the ground that the orders appealed from do not finally determine the action within the meaning of the Constitution (see Cohen and Karger, Powers of the New York Court of Appeals, §36). The dismissal is, of course, without prejudice to a motion at the Appellate Division for leave to appeal (CPLB 5514, subd. [a]; CPLB 5602, subd. [b], par. [1]).