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HAWKINS v. KURLANDER

98 A.D.2d 14 (1983)

Deborah J. Hawkins, as Limited Administratrix of The Estate of Howard Hawkins, Deceased, Respondent, v. Lawrence T. Kurlander, Appellant, and Genesee Hospital, Intervenor-Respondent

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

December 16, 1983

Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Melvin Bressler of counsel), for appellant.

Faraci, Guadagnino, Lange & Johns (David A. Johns of counsel), for respondent.

Harris, Beach, Wilcox, Rubin & Levey (Joyce R. Parker of counsel), for intervenor-respondent.

HANCOCK, JR., J. P., CALLAHAN and MOULE, JJ., concur with DENMAN, J.; DOERR, J., dissents and votes to affirm in an opinion.

DENMAN, J.

Petitioner's intestate died while undergoing surgery at Genesee Hospital. When another death and a near death occurred under similar circumstances, it was discovered that the nitrous oxide and oxygen hoses used for the administration of anesthesia had been switched. Hospital personnel, believing that the hoses could not have been switched accidentally, requested respondent, then District Attorney of...

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