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EISENBERG v. CITY OF NEW YORK

285 A.D. 831 (1955)

Sidney Eisenberg, as Administrator of The Estate of Dora Eisenberg, Deceased, Appellant, v. City of New York, Respondent

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

January 24, 1955.

Judgment reversed on the law and the facts and new trial granted, with costs to abide the event.

It was reversible error for the trial court to strike out the testimony of the intestate's attending physician that the intestate's pre-existent condition of diabetes had been under control prior to the accident and that the injury which she sustained in the accident aggravated and complicated that condition so that it became uncontrollable...

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