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HEIFETZ v. PHILADELPHIA STATE HOSPITAL

482 Pa. 386 (1978)

393 A.2d 1160

Melvin HEIFETZ and Arnold Levit t/a Commodore Apartments, Appellants, v. PHILADELPHIA STATE HOSPITAL, A.S. Tornay, M.D. and Daniel Blain, M.D.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

John J. O'Brien, Jr., Elizabeth McK. Iannelli, Philadelphia, for appellants.

Edwin L. Scherlis, Frederick E. Black, Joseph Goldberg, Philadelphia, for appellees, A.S. Tornay, M.D. and Daniel Blain, M.D.

Joseph Wheeler McGuire, J. Justin Blewitt, Jr., Deputy Attys. Gen., Harrisburg, for appellee, Phila. State Hospital.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION

NIX, Justice.

This was an action for indemnity brought by appellants, operators of the Commodore Apartments, against appellees, the Philadelphia State Hospital, Daniel Blain, M.D., the superintendent of the Hospital at the time and A.S. Tornay, M.D., a staff psychiatrist. Judge Wilkinson of the Commonwealth Court sustained appellees' preliminary objections and dismissed appellants' complaint. For reasons that follow, we reverse the order dismissing...

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