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  5. 29 A.D.2d 404 (1968)
 

GNOJ v. CITY OF N. Y.

29 A.D.2d 404 (1968)

Roman Gnoj et al., as Executors of Dmytro Kuzmyn, Deceased, Respondents, v. City of New York, Appellant

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

March 21, 1968.

Attorney(s) appearing for the Case

Frederic S. Nathan of counsel (William A. Marks and David G. Trager with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Richard E. Shandell of counsel (Fuchsberg & Fuchsberg, attorneys), for respondents.

STEUER, J. P., McGIVERN and RABIN, JJ., concur with McNALLY, J.; CAPOZZOLI, J., dissents in opinion.

McNALLY, J.

Plaintiff, age 65, since deceased, recovered a verdict of $135,000 in this action for personal injuries. The basic malpractice claim is negligence in failing to ascertain that plaintiff was suffering from renal tuberculosis. The deceased was employed at Bellevue Hospital since 1952 as a kitchen worker. He was admitted as a patient in said hospital in 1955, at which time he was suffering from pulmonary...

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