BAKAL v. UNIV. HEIGHTS SANITARIUM


198 Misc. 651 (1950)

Eleanore Bakal, Plaintiff, v. University Heights Sanitarium, Inc., et al., Defendants.

Supreme Court, Trial Term, Bronx County.

June 21, 1950.


Attorney(s) appearing for the Case

Philip Smith for plaintiff.

James A. Treanor, Jr., and Joseph J. Brophy for University Heights Sanitarium, Inc., defendant.

Martin & Clearwater for Max Eisenstat, defendant.


BENVENGA, J.

In this action for personal injuries, the undisputed evidence is that in October, 1947, plaintiff was a patient at the University Heights Sanitarium, a private hospital, and was operated upon by Dr. Eisenstat, a surgeon of her own choice. The purpose of the operation was to remove a fistula. The nature of the operation did not require the attendance or services of a trained nurse. In the course of the operation, while plaintiff was under...

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