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  5. 33 N.Y.2d 985 (1974)
 

HNAT v. NYACK HOSP.

33 N.Y.2d 985 (1974)

Grace M. Hnat, as Limited Administratrix of The Estate of John J. Hnat, Deceased, Appellant, v. Nyack Hospital, Respondent.

Court of Appeals of the State of New York.

Decided February 14, 1974.

Attorney(s) appearing for the Case

Henry V. Stebbins for appellant.

Richard J. Burke and John E. Morris for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and RABIN concur in memorandum; Judge STEVENS dissents and votes to reverse and grant a new trial in a separate opinion in which Judge WACHTLER concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. We agree with the trial court and majority at the Appellate Division that the plaintiff failed to prove a prima facie case of negligence against the hospital since there is no evidence upon which the jury could find that, in the circumstances here present, the hospital's treatment of the patient was not in accord with the standard practice...

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