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PAGANO v. MASSAPEQUA GEN. HOSP.

99 A.D.2d 769 (1984)

John Pagano et al., Appellants, v. Massapequa General Hospital, Respondent

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

February 14, 1984

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

Under the circumstances of this case it was error to submit as separate questions, with respect to the return of a special verdict pursuant to CPLR 4111 (subd [b]), first, the issue of plaintiffs' prima facie case of proximate cause and, second, assuming an answer favorable to plaintiffs as to the first question...

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