Marchello v. Lenox Hill Hospital

— Order, Supreme Court, Bronx County (Callahan, J.), entered June 7, 1984, denying defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion granted.

Defendants appeal from the denial of their motion for summary judgment on the grounds, inter alia, that the defendants had been released from any liability with respect to the injuries sustained by the infant plaintiff.

In April, 1971 the infant, Maureen Marchello, who suffers from Down’s Syndrome, underwent a cardiac catheterization procedure at Lenox Hill…