DUNNIGAN v. SYRACUSE MEM'L HOSP., INC.


19 A.D.2d 944 (1963)

T. Richard Dunnigan, Appellant, v. Syracuse Memorial Hospital, Inc., Respondent

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

November 1, 1963


Order unanimously reversed, with costs, and motion denied.

Memorandum:

Although not so designated in the notice of motion, defendant now states that this motion to dismiss the complaint is made under rule 112 of the Rules of Civil Practice. It is contended that the amended complaint as limited by the bill of particulars does not state a cause of action. The action is against the defendant hospital based on alleged negligence in failure to properly sterilize...

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