RHODEMAN v. CITY OF NEW YORK


39 A.D.2d 514 (1972)

Constance B. Rhodeman, as Administratrix of The Estate of Na Verne S. Rhodeman, Deceased, et al., Appellants, v. City of New York, Respondent

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

April 6, 1972


Unanimously modified, on the law, by reversal of that portion which dismissed the cause of action for wrongful death, and by reinstatement of the same, and otherwise affirmed, without costs and without disbursements.

Whatever the infirmities of the claims for surgical malpractice and autopsy without permission, they have no application to the reinstated cause, which should not have been dismissed. That cause was sufficiently described in the original timely notice...

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