LIEBRECHT v. GOTHAM SANITARIUM


284 A.D. 781 (1954)

Alice Liebrecht et al., Appellants, v. Gotham Sanitarium, Inc., Respondent

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

November 9, 1954.


Attorney(s) appearing for the Case

Ralph Stout of counsel (George I. Swetlow and Jerome M. Leitner with him on the brief; Paul Simon and George I. Swetlow, attorneys), for appellants.

Olin S. Nye of counsel (Matthew E. Lawless, attorney), for respondent.

BREITEL, BASTOW and BOTEIN, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm in opinion in which PECK, P. J., concurs.


Per Curiam.

In this action against a private hospital to recover damages for personal injuries sustained by plaintiff wife, the jury returned a verdict in favor of defendant. Plaintiff alleged and sought to prove that she entered the defendant's hospital for a surgical operation; that while in an abnormal state of mind due to a previous mental condition and her postoperative reactions, and while unattended in the hospital...

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