BELLIS v. HERMAN


16 A.D.2d 662 (1962)

Abram Bellis, as Administrator of The Estate of Louis Belitsky, Deceased, Respondent, v. Nathaniel R. Herman, Appellant

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

April 9, 1962


Judgment reversed on the law and the facts and new trial granted, with costs to abide the event.

In 1952, defendant performed the surgical operation of removing prostatic tissue from the person of the plaintiff's decedent. The principal issue presented in this action was whether in the course of such 1952 operation defendant was guilty of malpractice by reason of the damage caused to the external sphincter muscle, as a result of which urinary incontinence ensued....

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