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O'NEILL v. MONTEFIORE HOSP.

11 A.D.2d 132 (1960)

Margaret O'NEILL, as Administratrix of The Estate of John J. O'NEILL, Deceased, Appellant, v. Montefiore Hospital et al., Respondents

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

June 28, 1960.

Attorney(s) appearing for the Case

Benjamin Adler of counsel (Gustave G. Rosenberg with him on the brief; Gustave G. Rosenberg and Lawrence M. Rosenberg, attorneys), for appellant.

Harold Shapero of counsel (Barton Ingraham with him on the brief; Martin, Clearwater & Bell, attorneys), for Frank Craig, respondent.

John Nielsen of counsel (John P. Smith, attorney), for Montefiore Hospital, respondent.

BREITEL, J. P., RABIN and VALENTE, JJ., concur in Per Curiam opinion; McNALLY and STEVENS, JJ., dissent in part and vote to affirm as to defendant Montefiore Hospital in dissenting opinion by McNALLY, J.

Per Curiam.

In this action for the wrongful death of John J. O'Neill, who died of a heart attack on the morning of June 29, 1952, the widow sought recovery against a hospital for failure to render necessary emergency treatment, and against a physician for his failure and refusal to treat the deceased. Since the complaint against the hospital was dismissed at the trial at the close of plaintiff's case and the complaint...

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