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HOZAK v. ST. CLARE'S HOSP.

54 A.D.2d 542 (1976)

Halima Hozak, Individually and as Administratrix of The Estate of Karel Hozak, Deceased, Appellant, v. St. Clare's Hospital et al., Respondents

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

September 28, 1976

Unanimously affirmed, without costs or disbursements.

Plaintiff brought this action to recover in damages for the wrongful death and conscious pain and suffering of plaintiff's decedent, Karel Hozak. The evidence adduced in this case did not reveal that the hospitals were derelict in their duties with regard to their treatment of Karel Hozak. Furthermore, there was sufficient evidence of plaintiff's contributory negligence in disregarding medical advice to justify...

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