PIVAR v. MANHATTAN GEN.


279 A.D. 522 (1952)

Rosel Pivar, as Administratrix of The Estate of Gussie Pivar, Deceased, Respondent, v. Manhattan General, Inc., Doing Business as Manhattan General Hospital, Appellant, et al., Defendants

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

March 11, 1952.


Attorney(s) appearing for the Case

Joseph J. Brophy of counsel (Edward A. Shandell with him on the brief; Desmond T. Barry, attorney), for appellant.

Paul Koch for respondent.

DORE, J. P., and COHN, J., concur with VAN VOORHIS, J.; CALLAHAN, J., concurs in result; SHIENTAG, J., concurs in result in opinion.


VAN VOORHIS, J.

Defendant hospital appeals from an order setting aside a jury verdict in its favor of no cause of action, and granting a new trial. The action was brought to recover damages for the wrongful death of plaintiff's intestate Gussie Pivar, who is claimed to have fallen from her hospital bed while convalescing from a gall bladder operation. A question of fact was presented concerning whether plaintiff...

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