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ALBERTI v. ST. JOHN'S EPISCOPAL HOSP.-SMITHTOWN

116 A.D.2d 612 (1986)

Bernice Alberti et al., Appellants, v. St. John's Episcopal Hospital-Smithtown, Defendant, and Samuel J. Roth, Respondent

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

January 21, 1986

Judgment reversed, on the law, and a new trial granted as against defendant Roth, with costs to abide the event.

Viewing the evidence in the light most favorable to plaintiffs and resolving all questions of credibility in their favor, as we must (see, Lipsius v White, 91 A.D.2d 271), there was sufficient evidence adduced from which a reasonable person might conclude that...

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