KIRCHOFF v. NATIONWIDE MUT. INS. CO.


19 A.D.2d 638 (1963)

Thomas J. Kirchoff, Respondent, v. Nationwide Mutual Insurance Company, Appellant

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

June 17, 1963


Judgment modified on the law and on the facts by reducing the amount of plaintiff's recovery from $410.32 to $210.32. As so modified, the judgment is affirmed, without costs.

Findings of fact contained or implicit in the opinions of the County Court which may be inconsistent herewith are reversed and new findings are made as indicated herein. On July 24, 1961 plaintiff's wife gave birth to an infant who had a congenital hernia. A physician discovered the hernia during...

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