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MYERSON v. ASSOC. HOSP. SERV.

64 Misc.2d 432 (1968)

Sylvia Myerson, Respondent, v. Associated Hospital Service of New York, Appellant.

Supreme Court, Appellate Term, First Department.

December 17, 1968

Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Walter S. Rowland of counsel), for appellant. Gershbaum & Weiss (S. Joshua Weiss of counsel), for respondent.

HOFSTADTER and MARKOWITZ, JJ., concur in memorandum by MARKOWITZ, J.; HECHT, J., dissents in dissenting memorandum.

JACOB MARKOWITZ, J.

Plaintiff-respondent was hospitalized from May 28, 1965 to June 1, 1965. A few weeks prior thereto she had a siege of the mumps, and following her recovery complained of abdominal pain. She was examined by a Dr. Kamin who treated her with an antibiotic. On May 28, 1965, pursuant to earlier arrangement, she was admitted to the hospital by Dr. Bloom, Dr. Kamin's associate, who had discussed the case with Dr. Kamin. It was Dr. Bloom's...

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