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PERLMUTTER v. BETH DAVID HOSP.

308 N.Y. 100 (1954)

Gussie Perlmutter, Respondent, v. Beth David Hospital, Appellant and Third-Party Plaintiff. Blood Transfusion Association, Third-Party Defendant.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Sidney N. Zipser for appellant.

Harold W. Hayman and William A. Hyman for respondent.

LEWIS, Ch. J., DESMOND and VAN VOORHIS, JJ., concur with FULD, J.; FROESSEL, J., dissents in an opinion in which CONWAY and DYE, JJ., concur.

FULD, J.

This is, in effect, an action to recover damages for personal injuries sustained by plaintiff while a patient in the hospital maintained and operated by defendant. The injuries allegedly resulted from the transfusing of "bad" blood, supplied by the hospital for a price as part of the customary services rendered by the hospital to its patients. The complaint contains no allegations of negligence, but rather...

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