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PERILLO v. ST. CATHERINE'S HOSP., INC.

31 A.D.2d 942 (1969)

Helen Perillo, as Administratrix of The Estate of Richard Perillo, Jr., Deceased, et al., Appellants, v. St. Catherine's Hospital, Inc., Respondent

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

March 10, 1969

Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event.

In our opinion, the proof, viewed in the light most favorable to plaintiffs, established a prima facie case of malpractice. Hence, it was error for the trial court to have directed a verdict in favor of defendant rather than submit the case to the jury for determination (see Prince v. City of New York, 21 A.D.2d 668

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