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WINEGRAD v. NEW YORK UNIV. MED. CTR.

64 N.Y.2d 851 (1985)

Muriel Winegrad et al., Appellants, v. New York University Medical Center, Defendant, and Joseph Jacobs et al., Respondents.

Court of Appeals of the State of New York.

Decided February 12, 1985.

Attorney(s) appearing for the Case

Abraham A. Salm for appellants.

Martin Wendel for respondents.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE and ALEXANDER concur in memorandum; Judge MEYER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the individual defendants' cross motion for summary judgment denied, and the case remitted to the Appellate Division for consideration of issues not reached on the appeal to that court.

In this action to recover damages for medical malpractice, plaintiffs in a verified complaint and bill of particulars alleged that defendant Jacobs failed...

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