Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.
The questions of fact have not been considered on this appeal. Plaintiff, a woman in her seventies, was a patient in the office of defendant for the purpose of receiving medical care and treatment. She contended she was ushered into the examining room and directed by defendant to sit on a stool that had a swiveling seat, without arms or back rest, resting...
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