Judgment reversed insofar as appealed from, on the law, with costs, and, as between plaintiff and defendant Maurice Gershman, action severed and new trial granted limited to the issue of damages only.
The findings of fact as to liability are affirmed. A patient's failure to follow instructions does not defeat an action for malpractice where the alleged improper professional treatment occurred prior to the patient's own negligence. In the case at bar the trial court...
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