FILANOWICZ v. GUARINO


27 A.D.2d 666 (1967)

Louise Filanowicz, Respondent, and Theodore Filanowicz, Appellant, v. Frank A. Guarino et al., Appellants-Respondents

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

January 23, 1967


Judgment reversed, on the law and the facts and in the interests of justice, and new trial granted as to all parties other than defendant Fischetti, with costs to abide the event, and action as against said defendant severed.

The case was submitted to the jury based on the negligence of defendant Musso, a technician employed by defendant Guarino, a licensed physician. Among the theories of liability for Musso's negligence submitted to the jury was the use of contaminated...

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