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RAPHAEL v. BOOTH MEM'L HOSP.

46 A.D.2d 894 (1974)

Shirley Raphael, as Executrix of Arthur Raphael, Deceased, Respondent, v. Booth Memorial Hospital, Defendant and Third-Party Plaintiff-Appellant. Franklin General Hospital et al., Third-Party Defendants-Respondents

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

December 9, 1974

Judgment reversed, on the law and the facts and in the interests of justice, and new trial granted as to all parties, with costs to abide the event.

Appellant's expert physician was present in court before the summations commenced. Appellant's application, made at that time, that the doctor be permitted to testify should have been granted. This incorrect ruling alone requires a new trial in the interests of justice, particularly...

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