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McNERNEY v. N. Y. POLYCLINIC HOSP.

18 A.D.2d 210 (1963)

Sarah McNerney, as Administratrix of The Estate of Peter McNerney, Also Known as Peter McInerney, Deceased, Respondent, v. New York Polyclinic Hospital, Appellant

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

March 26, 1963.

Attorney(s) appearing for the Case

George J. Conway for appellant.

Douglas A. Witschieben of counsel (Dent, Goldblum & Witschieben, attorneys), for respondent.

RABIN, VALENTE and EAGER, JJ., concur with BOTEIN, P. J.; BREITEL, J., concurs in the result solely with respect to granting a new trial on the ground that the verdict is against the weight of the credible evidence.

BOTEIN, P. J.

On October 30, 1956 Peter McNerney, age 66, underwent an operation at the New York Polyclinic Hospital. He died there on November 4, 1956. Asserting that his death was attributable to negligent postoperative treatment on the part of the hospital, his widow, as administratrix, brought this action against it for damages. She recovered judgment after trial before a jury, and the hospital appeals.<...

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