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WEINSTEIN v. PROSTKOFF

13 A.D.2d 539 (1961)

John H. Weinstein, as Administrator of The Estate of Helen Weinstein, Deceased, Respondent, v. Abraham Prostkoff, Defendant, and Bessie F. Evans et al., Appellants

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

March 20, 1961

Order reversed, with costs, plaintiff's motion to set aside the jury's verdict in favor of the nurse and the hospital denied, and the jury's verdict in their favor reinstated.

On April 28, 1955, at about 10:04 A.M., within two minutes after plaintiff's wife had delivered her child in the hospital's delivery room, she expired while being attended by the doctor and the nurse. That morning, prior to her entry in the hospital...

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