MYERS v. COUNTY OF NASSAU


36 A.D.2d 633 (1971)

Lydia Myers, as Administratrix of The Estate of Leo Myers, Deceased, Respondent, v. County of Nassau, Appellant

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

February 16, 1971


Judgment reversed, on the law and the facts, and new trial granted in the interests of justice, with costs to abide the event.

In our opinion, the proof adduced at the trial was insufficient from which to draw a reasonable inference that the alleged negligence of defendant's employees was a proximate cause of the decedent's death. Although plaintiff's expert witness testified that blood pressure and a cardiogram should have been taken during the decedent's initial...

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