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SCHWABACH v. BETH ISRAEL MED

72 A.D.2d 308 (1980)

Helene Schwabach, Respondent, v. Beth Israel Medical Center, Appellant, et al., Defendants

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

January 29, 1980

Attorney(s) appearing for the Case

Thomas R. Newman of counsel (Arthur N. Seiff with him on the briefs; Bower & Gardner, attorneys), for appellant.

Howard B. Sherman of counsel (Schneider, Kaufman & Sherman, attorneys), for respondent.

MURPHY, P. J., BIRNS and LANE, JJ., concur with BLOOM, J.; SANDLER, J., dissents in an opinion.

BLOOM, J.

Plaintiff, then 86 years old, was admitted to Beth Israel Hospital on April 19, 1976 at the direction of her private physician. She was found to be suffering from cardiac arrythmia and a pacemaker was successfully implanted on April 29, 1976. Following the operation, which was uneventful, she was taken to the hospital's intensive care unit where she remained until May 1, 1976. On that day she was transferred...

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