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RAPHAEL v. BOOTH MEM'L HOSP.

67 A.D.2d 702 (1979)

Shirley Raphael, as Executrix of Arthur Raphael, Deceased, Plaintiff, v. Booth Memorial Hospital, Defendant and Third-Party Plaintiff. Franklin General Hospital et al., Third-Party Defendants. (Action No. 1.) Shirley Raphael, as Executrix of Arthur Raphael, Deceased, Respondent, v. Bella Appleman et al., Appellants. (Action No. 2.)

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

January 22, 1979

Order reversed insofar as appealed from, on the law, and said branches of the cross motion denied, with $50 costs and disbursements.

Plaintiff commenced two actions, each seeking damages for the wrongful death and conscious pain and suffering of Arthur Raphael, who died following an automobile accident which occurred in October, 1967. In Action No. 1, Booth Memorial Hospital (the hospital), where the decedent was examined following the accident, was named as defendant...

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