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  5. 16 A.D.2d 374 (1962)
 

McDERMOTT v. MANHATTAN EYE HOSP.

16 A.D.2d 374 (1962)

Kathleen McDermott, Appellant, v. Manhattan Eye, Ear & Throat Hospital et al., Respondents

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

May 15, 1962.

Attorney(s) appearing for the Case

Max Toberoff of counsel (Sidney Schwamm, attorney), for appellant.

George S. Pickwick of counsel (George J. Conway, attorney), for Manhattan Eye, Ear & Throat Hospital and another, respondents.

John J. Cullen of counsel (Mendes & Mount, attorneys), for Richard T. Paton, respondent.

Richard E. Shandell of counsel (Desmond T. Barry with him on the brief; Barry, Treanor, Shandell & Brophy, attorneys), for Walter S. Schachat, respondent.

Donald J. Fager of counsel (Martin, Clearwater & Bell, attorneys), for Daniel Doctor, respondent.

STEVENS, EAGER and STEUER, JJ., concur; RABIN, J. P., concurs in result.

McNALLY, J.

In an action for malpractice plaintiff appeals from a judgment dismissing the complaint as to all defendants at the close of plaintiff's case.

Plaintiff relies on two theories: (1) some of the defendants knowingly made false representations of fact intending to induce plaintiff to submit to surgery to her injury and damage; and (2) some of the defendants recommended and performed the surgery...

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