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ZUBKO v. MARY IMMACULATE HOSP.

19 A.D.2d 643 (1963)

Michael Zubko, Respondent, v. Mary Immaculate Hospital et al., Appellants Mary Immaculate Hospital, Third-Party Plaintiff-Appellant, v. Otis Elevator Company, Third-Party Defendant-Respondent

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

June 17, 1963

Judgment, insofar as it is in plaintiff's favor against both defendants, reversed on the law, without costs, and amended complaint dismissed on the law. The findings of fact implicit in the jury's verdict are affirmed. Judgment, insofar as it dismissed the third-party complaint, affirmed, without costs.

Plaintiff claims that, after visiting his wife (who was a patient in the defendant hospital), he entered an elevator in...

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