Summary
In Kalina, the plaintiffs, an observant Jewish couple, gave express instructions to the defendant hospital that their newborn son was to be ritualistically circumcised on his eighth day by a mohel in accordance with the tenets of their religion.
Summary of this case from Johnson v. Jamaica HospOpinion
Argued October 30, 1963
Decided November 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, J. ROBERT LYNCH, J.
Donald N. Fitzer for appellants.
Robert B. Simonton for respondents.
Mitchell S. Fisher and Eugene A. Brodsky for New York Board of Rabbis and another, amici curiae.
Judgment affirmed, without costs, on the opinion at Special Term. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS FOSTER and SCILEPPI. Judges FULD and BURKE dissent and vote to reverse and to deny the motion to dismiss the complaint on the dissenting opinion at the Appellate Division.