SKLENAR v. WEINSTEIN


40 Misc.2d 990 (1963)

Madeline Sklenar et al., Respondents, v. Sylvia Weinstein, Appellant.

Supreme Court, Appellate Term, First Department.

April 4, 1963


Attorney(s) appearing for the Case

E. Edan Spencer for appellant. Maxwell M. Booxbaum and Sidney S. Bobbé for respondents.

HECHT and TILZER, JJ., concur; HOFSTADTER, J. P., dissents in memorandum and votes to affirm.


Per Curiam.

The physician's testimony below falls short of the required reasonably certain medical opinion on the vital issue of causation. It was prejudicial, reversible error, therefore, for the trial court to allow the jury to consider plaintiffs' causally unrelated testimony regarding their alleged discomfort or difficulty in sexual relations.

The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event...

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