HAMMER v. ROSEN


7 A.D.2d 216 (1959)

Sidney Hammer et al., as Executors of Max Hammer, Deceased, et al., Appellants, v. John N. Rosen, Respondent

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

February 3, 1959.


Attorney(s) appearing for the Case

D. George Paston for appellants.

Harry A. Gair of counsel (Benjamin H. Siff with him on the brief; Martin, Clearwater & Bell, attorneys), for respondent.

RABIN, J. P., M. M. FRANK, VALENTE and BERGAN, JJ., concur in memorandum; McNALLY, J., dissents in part in opinion.


MEMORANDUM.

The jury's finding that the defendant, a psychiatrist, had not undertaken by contract to warrant a cure for the plaintiff incompetent of schizophrenia within a few months is entirely justified by the record. The cause of action for fraud, which is closely dependent upon the contract cause, was properly dismissed by the court and is in any event not supported by proof. Plaintiffs did not establish prima facie a cause of action for malpractice. It is not...

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