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LESSER v. LONG ISLAND JEWISH HILLSIDE MED. CTR.

72 A.D.2d 596 (1979)

Seymour S. Lesser, as Administrator of The Estate of Richard N. Lesser, Deceased, Respondent, v. Long Island Jewish Hillside Medical Center et al., Defendants, and Roy Slutsky, Appellant

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

October 29, 1979

Order affirmed, with $50 costs and disbursements.

The appellant's attorney concedes in his brief that the plaintiff "[has] established that the decedent * * * met his death at the hands of the defendant Roy Slutsky." Given that concession of the wrongful act (see EPTL 5-4.1), which is the precise issue of fact underlying the appellant's liability to the plaintiff's deceased, there is no reason to conduct a trial of that issue...

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