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BING v. THUNIG

2 N.Y.2d 656 (1957)

Isabel Bing, Appellant, et al., Plaintiff, v. Louis A. Thunig, Defendant, and St. John's Episcopal Hospital, Respondent.

Court of Appeals of the State of New York.

Decided May 16, 1957.

Attorney(s) appearing for the Case

Jerome M. Leitner and Benjamin H. Siff for appellant.

Sol I. Kroll for respondent.

DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur with FULD, J.; CONWAY, Ch. J., concurring for reversal in a separate memorandum.

FULD, J.

Following Schloendorff v. New York Hosp. (211 N.Y. 125), a body of law has developed making the liability of a hospital for injuries suffered by a patient, through the negligence of its employees, depend on whether the injury-producing act was "administrative" or "medical." The wisdom and workability of this rule exempting hospitals from the normal operation...

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