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WEISS v. RUBIN

9 N.Y.2d 230 (1961)

Robert P. Weiss, as Administrator of The Estate of Providence L. Weiss, Deceased, Respondent, v. Harold Rubin et al., Appellants-Respondents, and Stanford Pulrang, Appellant.

Court of Appeals of the State of New York.

Decided March 2, 1961.

Attorney(s) appearing for the Case

Joseph J. Brophy, Desmond T. Barry and Richard E. Shandell for Stanford Pulrang, appellant.

John J. Tomich, Joseph Dean Edwards and Olin S. Nye for Harold Rubin, appellant-respondent.

William T. Gallagher for St. John's Riverside Hospital, appellant-respondent.

Emile Z. Berman and Ambrose Doskow for respondent.

Chief Judge DESMOND and Judges DYE, BURKE and FOSTER concur with Judge FROESSEL; Judge VAN VOORHIS dissents in an opinion in which Judge FULD concurs.

FROESSEL, J.

Decedent died as the result of a transfusion of incompatible blood administered during the course of an operation at defendant hospital.

The liability of the defendants anesthetist and hospital are conceded upon this appeal. As to the defendant surgeon, we are of the opinion that, on the record before us, the question of his negligence was properly submitted to the jury for their determination...

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