COLVIN v. SMITH


276 A.D. 9 (1949)

Emma Colvin, Respondent, v. Walter J. Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 16, 1949.


Attorney(s) appearing for the Case

Martin & Clearwater, attorneys (John J. Deluca and Thomas H. Clearwater of counsel), for appellant.

Joe Schapiro for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.


DEYO, J.

The defendant, a physician and surgeon, was unsuccessful in his attempt to remove a cataract from the plaintiff's eye. An action for malpractice ensued, which resulted in the dismissal of the plaintiff's complaint at the close of her case. This action, based on the alleged breach of a special contract for the removal of the cataract followed. An appeal is now pending from the previous judgment.

A doctor and his patient are at liberty...

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