MANDELLO v. BROOKLYN DOCTORS HOSP.


8 A.D.2d 845 (1959)

Joseph Mandello, Plaintiff, v. Brooklyn Doctors Hospital, Appellant, and Rocco Massella, Respondent, et al., Defendant

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

June 22, 1959


Order reversed, with $10 costs and disbursements, and motion denied.

While the allegations of the amended complaint charge negligence against the hospital and the doctors, paragraph "Tenth" clearly shows that the negligence charged consisted of failure to use proper skill in the treatment, care and diagnosis of plaintiff's injuries. This can only mean the acts of the doctors. Moreover, the cross complaint alleges that plaintiff was their private patient, and that...

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