POLLICINA v. MISERICORDIA


158 A.D.2d 194 (1990)

Gerard A. Pollicina, as Administrator of The Estate of Barbara A. Pollicina, Deceased, Appellant, v. Misericordia Hospital Medical Center et al., Defendants, and Hospital of the Albert Einstein College of Medicine, Respondent

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

June 28, 1990


Attorney(s) appearing for the Case

Theodore H. Friedman (Norman E. Frowley on the brief), for appellant.

Nancy Ledy-Gurren of counsel (Craig W. Lensch and Karen L. Hymowitz with her on the brief; Bower & Gardner, attorneys), for respondent.

SULLIVAN, J. P., KASSAL and WALLACH, JJ., concur.


ROSS, J.

The primary issue presented by this appeal is whether the trial court erred in setting aside a jury verdict, which found that, as a result of performing a June 9, 1976 blood test on Mrs. Barbara Ann Pollicina, defendant Hospital of the Albert Einstein College of Medicine was proximately responsible for injury to and the death of Mrs. Pollicina.

While pregnant, Mrs. Pollicina, who was approximately...

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