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  5. 164 A.D.2d 424 (1990)
 

HOLIDAY v. HUNTINGTON HOSP.

164 A.D.2d 424 (1990)

Joanne B. Holiday, Individually and as Administratrix of The Estate of Michael Boccia, Deceased, and on Behalf of the Next of Kin of Michael Boccia, Deceased, Appellant, v. Huntington Hospital et al., Respondents

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

December 24, 1990

Attorney(s) appearing for the Case

Stephen I. Widlitz, P. C. (Sandra K. Janin of counsel), for appellant.

Furey, Furey, Lapping, Keller, O'Reilly & Watson, P. C. (Steven D. Jannace of counsel), for Huntington Hospital, respondent.

Rivkin, Radler, Dunne & Bayh (Evan H. Krinick and Carol R. Finocchio of counsel), for Harold Paradis, respondent.

Kelly, Rode, Kelly & Burke (John D. Kelly, John Kenneth Rode and George J. Wilson of counsel), for Elbert Close, respondent.

LAWRENCE, J. P., KOOPER and HARWOOD, JJ., concur.

KUNZEMAN, J.

The question presented in this wrongful death action based on medical malpractice is whether the charge given by the trial court properly drew a distinction between "factual issues" and "medical issues" so as to permit application of the holding in Noseworthy v City of New York (298 N.Y. 76) to the former but not to the latter. In our view, this question must be answered in the affirmative...

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