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TACTUK v. FREIBERG

26 N.Y.2d 757 (1969)

Juan R. Tactuk, as Administrator of The Estate of Mercedes Tactuk, Deceased, Appellant, v. Andrew Freiberg, Defendant and Boulevard Sanitarium Corporation, Respondent.

Court of Appeals of the State of New York.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Howard N. Meyer, Paul O'Dwyer and Frank Durkan for appellant.

James M. Furey for respondent.

Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN and GIBSON. Judges SCILEPPI and BERGAN dissent and vote to affirm on the opinion at the Appellate Division.

Order reversed and a new trial granted, with costs to abide the event, on the ground that plaintiff made out a prima facie case against the hospital, in view of the testimony given by the nurse, including that taken on her examination before trial, as well as her entries in the nurse's record...

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