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  5. 169 A.D.2d 100 (1991)
 

PJETRI v. HEALTH & HOSPS.

169 A.D.2d 100 (1991)

Djon Pjetri et al., Respondents, v. New York City Health and Hospitals Corporation, Appellant

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

June 20, 1991

Attorney(s) appearing for the Case

Steven J. Ahmuty, Jr., of counsel (Bower & Gardner, and Victor A. Kovner, Corporation Counsel, attorneys), for appellant.

Martin S. Rothman of counsel (Joseph Irom and Alyne I. Diamond with him on the brief; Irom & Wittels, P. C., attorneys), for respondents.

CARRO, ASCH and KASSAL, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents in part and concurs in part in a separate opinion.

MURPHY, P. J.

Djon Pjetri, a 24-year-old man otherwise in good health, was admitted to North Central Bronx Hospital for the repair of a fractured leg. He left the hospital with profound brain damage, his intellectual capacity reduced to that of a young child. During the operation to set his broken bones an endotracheal tube had been misplaced causing the oxygen flow to his brain

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