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CALHOUN v. GALE

29 A.D.2d 766 (1968)

Virginia O. Calhoun et al., Respondents, v. Julius P. Gale, Appellant

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

February 13, 1968

This action, which was begun on April 26, 1964, arose out of an operation performed by defendant, a physician, upon plaintiff Virginia O. Calhoun on June 1, 1959. Substantial damages are sought for her alleged resultant personal injuries, physical pain and mental anguish. Although the complaint alleges that defendant breached his contract in that the operation was (allegedly) performed in an unfit and improper manner, it is not...

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