O'ROURKE v. REST


281 A.D. 838 (1953)

Mae O'Rourke, Respondent, v. Halcyon Rest et al., Appellants, et al., Defendants

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

February 9, 1953.


Amended judgment in favor of plaintiff against defendant Lloyd, individually and doing business as Halcyon Rest, reversed on the law and the facts, with costs, and complaint dismissed, with costs. Appeal from original judgment and from the order amending the judgment dismissed, without costs.

In our opinion, the evidence was insufficient to show that defendant Lloyd (hospital) undertook to treat or that he did treat plaintiff, in view of the undisputed proof (a) that...

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