McCRAIN v. CITY OF NEW YORK


12 A.D.2d 482 (1960)

Joan McCrain, Respondent, et al., Plaintiff, v. City of New York, Appellant

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

November 29, 1960


Judgment in favor of plaintiff, in action for personal injuries based on malpractice, following verdict for $114,600 in favor of plaintiff, unanimously reversed, as a matter of discretion in the interest of justice, and on the law and the facts, the verdict vacated, and a new trial granted, unless defendant City of New York waives its lien on plaintiff's recovery for alleged hospital charges in the approximate amount of $28,000, and plaintiff stipulates to accept $60,000...

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