LEVER v. UNITED STATES

No. 64 Civ. 1559.

300 F.Supp. 881 (1969)

David LEVER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 15, 1969.


Attorney(s) appearing for the Case

Sol Lefkowitz, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, for the United States; Samuel M. Eisenstat, Michael D. Hess, Asst. U. S. Attys., of counsel.


OPINION

HERLANDS, District Judge:

This case arises out of a series of surgical procedures performed on David Lever, the plaintiff, while he was a patient at the Manhattan Veterans Administration Hospital (MVAH) in 1962. Jurisdiction is based on the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (1964), and 28 U.S.C. § 1346 (1964).

After trial of the action to the Court, sitting without jury, the Court reserved decision on defendant...

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