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SCOTT v. KAYE

24 A.D.2d 890 (1965)

Jack W. Scott, Appellant, v. Alexander Kaye et al., Respondents

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

November 22, 1965

Judgment affirmed, without costs, as to defendant Physicians' Hospital, Inc. Judgment reversed on the law and the facts, action severed and new trial granted as to defendants Kaye and Slocum, with costs to abide the event.

On this record it is our opinion that there were fact issues for the jury as to (a) whether defendants Kaye and Slocum performed an unauthorized operation because of an alleged failure previously to inform...

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