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SPADACCINI v. DOLAN

63 A.D.2d 110 (1978)

Elda Spadaccini, as Administratrix of The Estate of Santo Spadaccini, Deceased, Respondent, v. John M. Dolan, Doing Business as Westchester Square Hospital, et al., Appellants, et al., Defendants

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

July 13, 1978

Attorney(s) appearing for the Case

William F. O'Connor of counsel (Kathryn Deborah Nealon with him on the brief), for John M. Dolan, doing business as Westchester Square Hospital, and another, appellants.

Norman Bard of counsel (Sandra Krevitsky and Walter A. Begos with him on the brief; Anthony L. Schiavetti, attorney), for Pincus Sherman and another, appellants.

Thomas R. Newman of counsel (Toberoff & Gould with him on the brief; Mario J. Cusati, attorney), for respondent.

LANE and SULLIVAN, JJ., concur with FEIN, J.; SANDLER, J., concurs in result only; SILVERMAN, J. P., dissents in part in an opinion.

FEIN, J.

Defendants Westchester Square Hospital and Doctors Sherman, Di Salvo and Nisi appeal from a judgment entered after trial on a jury verdict in favor of plaintiff in this action to recover damages for the wrongful death of Santo Spadaccini and for the conscious pain and suffering allegedly endured by him during the period he lingered in the hospital prior to his death on April 19, 1970. The jury returned...

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