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JOHNSON v. N.Y.C. HOSPS.

49 A.D.2d 234 (1975)

Dorothy A. Johnson, as Administratrix of The Estate of Lillian Abbott, Deceased, Appellant, v. New York City Health & Hospitals Corp., Respondent

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

November 3, 1975

Attorney(s) appearing for the Case

Weinstein, Chayt & Bard, P. C. (Norman Bard of counsel), for appellant.

W. Bernard Richland, Corporation Counsel (Murray L. Lewis and L. Kevin Sheridan of counsel), for respondent.

GULOTTA, P. J., RABIN, MARTUSCELLO and LATHAM, JJ., concur.

SHAPIRO, J.

In this medical malpractice action the plaintiff conducted an examination before trial of the defendant, New York City Health & Hospitals Corp., by Dr. Bernard Gardner, who was the "first assistant and supervisor" at the operation performed on the plaintiff's deceased. As the deposition progressed, the plaintiff's counsel asked a series of questions relating to the procedures used in the operation...

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