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ROSE v. HOTEL NEW YORKER

1 A.D.2d 769 (1956)

Velma Rose et al., Respondents-Appellants, v. Hotel New Yorker, Defendant; Dante P. Dapolonia et al., Appellants-Respondents, and C. Raynold Palmer, Respondent

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

January 31, 1956

Judgment unanimously modified on the law and the facts to direct that judgment be entered dismissing the complaint against the defendants Dapolonia and Emery, with costs, and otherwise affirmed.

The evidence is insufficient to support the finding that Doctors Dapolonia and Emery manipulated plaintiff patient's arm so violently as to cause the displacement of bone fragments. The patient's medical expert, who had later treated...

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