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FOLEY v. GILLICK

39 A.D.2d 546 (1972)

Anne L. Foley, Individually and as Administratrix of The Estate of Donald J. Foley, Deceased, Appellant, v. Ruth Gillick, as Executrix of John E. Gillick, Deceased, et al., Respondents. (Action No. 1.) Anne L. Foley, Individually and as Administratrix of The Estate of Donald J. Foley, Deceased, Appellant, v. County of Nassau et al., Respondents. (Action No. 2.)

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

April 10, 1972

Judgment affirmed, with one bill of costs jointly to respondents appearing separately and submitting separate briefs.

We disagree with the trial court's conclusion that, as a matter of law, the release given by plaintiff's intestate to defendant Meadowbrook Hospital barred this action against it for wrongful death and conscious pain and suffering. On this record that issue was properly one for the jury (Rock v. Jewish...

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