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LICHTENSTEIN v. MONTEFIORE HOSP.

56 A.D.2d 281 (1977)

Ruth Lichtenstein, as Administratrix of The Estate of Gary Lichtenstein, Deceased, Respondent-Appellant, v. Montefiore Hospital and Medical Center, Appellant, and Gerald Schneider et al., Respondents

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

March 3, 1977

Attorney(s) appearing for the Case

Arthur N. Seiff of counsel (John J. Tullman, attorney), for respondent-appellant.

Thomas R. Newman of counsel (Frank Bastone, Jr., with him on the brief; Bower & Gardner, attorneys), for appellant.

MURPHY and LUPIANO, JJ., concur with SILVERMAN, J.; STEVENS, P. J., and LANE, J., dissent as to the appeal from the judgment in an opinion by LANE, J.

SILVERMAN, J.

This is an action for damages for wrongful death of Gary Lichtenstein, husband of plaintiff Ruth Lichtenstein. Plaintiff alleges that Gary's death was caused by the negligence of defendant-appellant, Montefiore Hospital and Medical Center (hereinafter "hospital"), in permitting Gary to escape ("elope") from an open psychiatric unit at the hospital, as a result of which, plaintiff alleges, Gary committed...

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