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BERG v. NEW YORK SOC. FOR RELIEF OF CRIPPLED

286 A.D. 783 (1955)

Sidney Berg et al., Respondents, v. New York Society for the Relief of the Ruptured and Crippled, Appellant, et al., Defendants

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

December 20, 1955.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Glenney, Mathews & Hampton, attorneys), for appellant.

Benjamin H. Siff of counsel (John J. Tullman, attorney), for respondents.

Emanuel Hayt of counsel for Hospital Association of New York State, amicus curiæ.

BASTOW and RABIN, JJ., concur with BOTEIN, J.; BREITEL, J. P., dissents and votes to affirm in opinion.

BOTEIN, J.

This appeal poses the problem of accommodating the situation it presents to the flexural line of cases dealing with the negligence of hospital employees.

The female plaintiff was a patient in the defendant hospital. An admittedly qualified laboratory technician, employed by the hospital, made a serological test to determine the plaintiff's blood factor. This test was made in contemplation of...

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