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GRADDY v. NEW YORK MED. COLL.

19 A.D.2d 426 (1963)

Joseph Graddy, Respondent, v. New York Medical College et al., Appellants, et al., Defendants

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

November 7, 1963.

Attorney(s) appearing for the Case

Richard E. Shandell of counsel (Desmond T. Barry and Joseph J. Brophy with him on the brief; Barry, Treanor, Shandell & Brophy, attorneys), for Alvin M. Street, appellant.

Donald J. Fager of counsel (Martin, Clearwater & Bell, attorneys), for New York Medical College and another, appellants.

John J. Tomich of counsel (Joseph Dean Edwards, attorney), for Flower Anesthetists Associates, appellant.

Stanley Tessel of counsel (Bernard Turkewitz with him on the brief; Turkewitz & Tessel, attorneys), for respondent.

BOTEIN, P. J., RABIN, EAGER and STEUER JJ., concur.

BERGAN, J.

Upon an adequate record it has been found that plaintiff suffered injury resulting from negligence in the course of surgical treatment by defendant Edward G. Bell, who does not appeal. A vicarious liability has also been imposed on defendant-appellant Alvin M. Street, who took no part in the medical or surgical management of plaintiff's treatment, but who...

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