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BRUCE v. HOSP. FOR SPECIAL SURGERY

34 A.D.2d 963 (1970)

Alexandrina Bruce, Respondent, v. Hospital for Special Surgery, Appellant, et al., Defendants

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

June 8, 1970

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

It is clear that the finding implicit in the jury's verdict that the operation was performed by defendant Dr. Sbarboro is against the weight of the evidence. There was insufficient evidence presented which would permit a finding by the jury that Dr. Sbarboro did the operation (see Blum v. Fresh Grown Preserve...

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