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MULLIGAN v. WETCHLER

39 A.D.2d 102 (1972)

Mary Mulligan, as Administratrix of The Estate of Bernard Mulligan, Deceased, Respondent-Appellant, v. Bernard Wetchler et al., Defendants; Trafalgar Hospital, Respondent, and City of New York, Appellant

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

May 11, 1972.

Attorney(s) appearing for the Case

Bernard Burstein of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Joseph Eckhaus of counsel (William Scheiner with him on the brief; Eckhaus & Eckhaus, attorneys), for respondent.

W. Bernard Richland of counsel (Frank Durkan with him on the brief; Bernstien & Durkan, attorneys), for respondent-appellant.

McGIVERN, J. P., and CAPOZZOLI, J., concur with NUNEZ, J.; MURPHY, J., dissents, in part, in an opinion in which MARKEWICH, J., concurs.

NUNEZ, J.

Bernard Mulligan, plaintiff's intestate, a 52-year-old subway motorman, was taken from his home by ambulance to Jewish Memorial Hospital shortly before midnight on July 10, 1962, where a doctor examined him and told his two young sons, who accompanied him, that he could not be admitted there for a lack of a bed. He was immediately transferred to Fordham Hospital, owned and operated by defendant City...

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