Kalina v. General Hospital of the City of Syracuse

Halpern, J. (dissenting).

I believe that the second cause of action alleged in the complaint states a good and sufficient cause of action and that the motion to dismiss the complaint should have been denied. (There are two actions, one brought by the father and the other by the mother; they will be referred to herein as if the father and mother were coplaintiffs in a single action.)

So far as the defendant General Hospital is concerned, the complaint, in my opinion, is sufficient to charge the hospital with intentional wrongdoing. The complaint alleges that after the birth of the plaintiffs’…