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RANDOLPH v. CITY OF NEW YORK

117 A.D.2d 44 (1986)

Howard Randolph, Individually and as Administrator of The Estate of Bessie Randolph, Deceased, Respondent, v. City of New York et al., Appellants, et al., Defendants

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

May 8, 1986

Attorney(s) appearing for the Case

Paul F. McAloo of counsel (Fuchsberg & Fuchsberg, attorneys), for respondent.

Alfred Weinstein of counsel (Leonard Koerner with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for appellants.

MURPHY, P. J., and KUPFERMAN, J., concur with ROSS, J.; MILONAS and ELLERIN, JJ., dissent in an opinion by ELLERIN, J.

ROSS, J.

In this appeal, the court is faced with the unfortunate dilemma that occurs when there is a direct conflict between a party's religious beliefs, and the medical technique required to save that party's life.

The issue presented is whether, in this wrongful death action, there is sufficient evidence of the negligence of the defendants, the City of New York (City), the New York Health and Hospitals...

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