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ROTHOLZ v. CITY OF NEW YORK

151 Misc.2d 613 (1992)

Fred Rotholz, Individually and as Executor of The Estate of Edith Rotholz, Deceased, et al., Plaintiffs, v. City of New York et al., Defendants.

Supreme Court, New York County.

March 26, 1992

Attorney(s) appearing for the Case

Queller & Fisher (Lawrence H. Singer of counsel), for plaintiffs. O. Peter Sherwood, Corporation Counsel (June F. Johnston of counsel), for City of New York, defendant. Matturro Hirsch & Folks (Edgar A. Hirsch, III, of counsel), for Lenox Hill Hospital, defendant.

ALICE SCHLESINGER, J.

This is an action for damages based on the claim that defendants performed an autopsy on Edith Rotholz over the objection of her brother, plaintiff Fred Rotholz.

On December 22, 1989 Edith Rotholz was injured when she was hit by a truck making a right turn. Ms. Rotholz was taken to Lenox Hill Hospital. Four days later, on December 26, 1989 at 10:35 A.M., Ms. Rotholz passed away...

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