STAFFORD v. ST. CLAIR'S HOSP.


19 Misc.2d 710 (1959)

James D. Stafford, Plaintiff, v. St. Clair's Hospital et al., Defendants.

Supreme Court, Trial Term, Kings County.

June 15, 1959.


Attorney(s) appearing for the Case

O'Dwyer & Bernstein (Paul O'Dwyer of counsel), for plaintiff.

Garvey & Conway (Howard J. McGratten of counsel), for St. Clair's Hospital, defendant.

Barry, Treanor, Shandell & Brophy (John Zachary of counsel), for Solomon J. Turel, defendant.

John P. Smith for American Sterilizer Co., defendant.


A. DAVID BENJAMI, J.

This was an action tried before the court without a jury. The facts as found are these:

The defendant Dr. Turel performed an operation for the removal of a ganglion cyst on plaintiff's left wrist at defendant hospital. About midway through the operation Dr. Turel noted that the operating room was warmer than was customary during surgery.

Upon completion of the operation the...

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