BATTISTELLA v. SOC'Y OF N. Y. HOSP.


9 A.D.2d 75 (1959)

Benjamin Battistella, Respondent, v. Society of the New York Hospital, Appellant

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

October 20, 1959.


Attorney(s) appearing for the Case

Donald J. Fager of counsel (Robert J. Bell with him on the brief; Martin, Clearwater & Bell, attorneys), for appellant.

Louis Grossman of counsel (Herman Cahn with him on the brief; Grossman & Grossman, attorneys), for respondent.

BOTEIN, P. J., RABIN, McNALLY and STEVENS, JJ., concur.


BREITEL, J.

Plaintiff, a former employee of defendant hospital, sued in negligence to recover for personal injuries. These injuries consisted of the continuance and aggravation of untreated pulmonary tuberculosis caused by defendant hospital's failure to discover and disclose his condition to him. The case was tried twice before a jury without definitive determination. On the first occasion there was a mistrial...

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