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GARAFOLA v. MAIMONIDES HOSP.

22 A.D.2d 85 (1964)

Robert N. Garafola, as Administrator of The Estate of Florence Garafola, Deceased, Respondent, et al., Plaintiff, v. Maimonides Hospital of Brooklyn et al., Appellants

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

November 19, 1964.

Attorney(s) appearing for the Case

John Nielsen of counsel (Thomas O. Perrell with him on the brief; Perrell, Nielsen & Stephens, attorneys), for Maimonides Hospital of Brooklyn, appellant.

Donald J. Fager of counsel (Martin, Clearwater & Bell, attorneys), for Abraham Prostkoff and another, appellants.

Leon Vogel for respondent.

BREITEL, J. P., and RABIN, J., concur with McNALLY, J.; STEUER, J., dissents in opinion, in which VALENTE, J., concurs.

McNALLY, J.

The court is unanimous in concluding that plaintiff failed to prove negligence on the part of defendants Abraham Prostkoff and Jessie M. Frankel. The case against them was submitted to the jury solely on the claim that the tetanus infection was consequent on the negligent surgical treatment of the decedent. The evidence enabled a finding of causal relation between the surgery and the onset of the infection...

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