Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered or reached. On November 17, 1967, plaintiff Anne Heller was discharged from a hospital after uneventful surgery for a cataract on the right eye. She continued under the postoperative care and treatment of defendant, her surgeon. During the course of eight postoperative visits — from November 21 to December 20, 1967 — she...
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