MATTER OF STOUTE v. CITY OF NEW YORK


91 A.D.2d 1043 (1983)

In the Matter of Clarissa Stoute, Respondent, v. City of New York, Appellant

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

January 24, 1983


Order reversed, on the law, without costs or disbursements, and petition dismissed.

The record reveals, inter alia, that in March, 1979, petitioner entered Downstate Medical Center and underwent an operation for the removal of nine wires from her stomach. A tenth wire remains in her lung. According to the uncontroverted allegations of the petitioner, the wires had been left in her body during operations performed upon her at the Kings County Hospital Center...

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