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KOLL v. CROSS COUNTY HOSP.

15 A.D.2d 500 (1961)

Elizabeth Koll et al., Respondents, v. Cross County Hospital, Appellant

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

December 4, 1961

Order reversed, without costs, and plaintiffs' motion for summary judgment denied.

The record presents triable issues of fact as to the negligence of the defendant hospital and as to the contributory negligence of the patient, plaintiff Elizabeth Koll.

Pette, J., dissents and votes to affirm the order with the following memorandum:

While a patient at the hospital, the plaintiff wife, Elizabeth Koll, was undergoing

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