HABER v. CROSS COUNTY HOSP.


42 A.D.2d 700 (1973)

Sol Haber et al., Appellants, v. Cross County Hospital, Respondent

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

July 2, 1973


Order reversed, and renewed motion granted, with $20 costs and disbursements.

Plaintiff Rae Haber is now 73 years of age and the unrefuted medical proof indicates "with a reasonable degree of medical certainty" that she is unlikely to survive the normal delay to be expected before this type of action reaches trial. Under these circumstances, it was an improvident exercise of discretion to deny...

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