MARTINEZ v. ADELPHI HOSP.


21 A.D.2d 675 (1964)

Santos Martinez, Respondent, v. Adelphi Hospital, Appellant

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

May 4, 1964


Order affirmed, without costs.

While we affirm the order, we do not do so for the reason stated by the learned Trial Justice, namely: that the evidence preponderated so greatly on plaintiff's behalf that no conclusion other than one in plaintiff's favor could be reached. We affirm, rather, on the sole ground that, even though no exception was noted, it was improper, in the course of the charge, to instruct the jury that: "If you as members of the jury are in doubt...

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