LIUM v. PLOSKI


87 A.D.2d 860 (1982)

John D. Lium, as Executor of Hans I. Lium, Deceased, Appellant, v. Walter Ploski, Respondent

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

April 19, 1982


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

After suffering a fractured ankle in an autombile accident, plaintiff's decedent, Hans Lium, was taken to Grasslands Hospital, a Westchester County institution. Mr. Lium initially was examined at the hospital by a surgical resident who subsequently called in a private orthopedic surgeon, the defendant Walter Ploski, to assist in the operation upon Mr. Lium's ankle. Although he was...

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