VITALIANO v. KNAPP


15 A.D.2d 573 (1961)

Christina Vitaliano, Respondent, v. Arthur A. Knapp, Appellant, et al., Defendant

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

December 27, 1961


Judgment insofar as appealed from affirmed, with costs.

No opinion.

Ughetta and Christ, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, on the ground that there is no proof that defendant Knapp deviated from standard and approved practice or that there was any want of ordinary and reasonable care on his part. An error of judgment does not render a physician liable provided he does what he thinks is best after careful examination...

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