TOPEL v. LONG ISLAND JEWISH MED. CTR.


55 N.Y.2d 682 (1981)

Joan Topel, Individually and as Administratrix of The Estate of Harold B. Topel, Deceased, Appellant, v. Long Island Jewish Medical Center et al., Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Jack Glazer, Stanley Alter and Bruce N. Lederman for appellant.

Thomas R. Newman, Louis G. Adolfsen and Frank Bastone, Jr., for Long Island Jewish Medical Center, respondent.

Robert Devine, Stephen W. O'Leary, Stephen W. O'Leary, Jr., John J. Brant and Roy Stephen Hiller for Harold Levinson, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and MEYER concur in memorandum; Judge FUCHSBERG dissents in part and votes to modify in an opinion; Judge WACHTLER taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

With respect to the hospital, plaintiff does not dispute the principle, declared in Toth v Community Hosp. at Glen Cove (22 N.Y.2d 255, 265) and Fiorentino v Wenger (19 N.Y.2d 407, 415), among other cases...

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