GARZIONE v. VASSAR BROS. HOSP.


36 A.D.2d 390 (1971)

Annette Garzione, Respondent, v. Vassar Brothers Hospital, Appellant

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

May 11, 1971.


Attorney(s) appearing for the Case

James M. O'Brien of counsel (Clune & O'Brien, attorneys), for appellant.

Harold Sylvan for respondent.

STEVENS, P. J., and NUNEZ, J., concur with EAGER, J.; KUPFERMAN and STEUER, JJ., dissent in opinion.


EAGER, J.

The defendant hospital appeals from a judgment entered against it upon a verdict of a jury for $150,000 rendered in an action brought to recover for the amputation, without plaintiff's consent, of her right leg below the knee. As a matter of law, however, the record fails to support a recovery against the hospital for other than nominal damages.

Serious injuries to plaintiff's leg, occasioned...

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