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HAMMER v. ROSEN

7 N.Y.2d 376 (1960)

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

Court of Appeals of the State of New York.

Decided March 3, 1960.

Attorney(s) appearing for the Case

D. George Paston for appellants.

Harry A. Gair and Benjamin H. Siff for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

Alice Hammer, suffering from schizophrenia, was treated for some seven years by Dr. Rosen, a psychiatrist. In 1955 she and her father instituted this action, the patient seeking damages for malpractice, the father, for breach of contract and for fraud.1 Their efforts have been signally unsuccessful. The trial court dismissed the malpractice and fraud causes of action at the...

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