DAVIDSON v. HILLCREST GEN. HOSP.


40 A.D.2d 693 (1972)

Lillian Davidson et al., Appellants, v. Hillcrest General Hospital, Defendant and Third-Party Plaintiff-Respondent-Appellant. Pioneer Blood Service, Inc., Third-Party Defendant and Fourth-Party Plaintiff; World Blood Bank, Inc., et al., Fourth-Party Defendants

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

October 16, 1972


Judgment reversed, on the law; the first, second and fourth causes of action in the complaint, and the third-party and fourth-party complaints, are reinstated; and new trial granted as to said portions of the complaint and as to the third-party and fourth-party complaints, with costs to abide the event.

The appeals did not present questions of fact. In our opinion, the trial court erred in dismissing the complaint after the opening statement by plaintiffs' attorney...

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