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SCHMID v. WERNER

277 A.D. 520 (1950)

Lester Schmid, Appellant, v. Harry Werner et al., Defendants, and City of New York, Respondent

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

November 28, 1950.

Attorney(s) appearing for the Case

Joseph J. Einhorn for appellant.

Fred Iscol of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel, attorney), for respondent.

PECK, P. J., GLENNON, CALLAHAN and SHIENTAG, JJ., concur.

VAN VOORHIS, J.

Plaintiff sued two physicians and the City of New York for damages from malpractice alleged to have occurred while he was a patient in a hospital operated by the city. One of the defendant doctors was not served with the summons, and the complaint was dismissed at Special Term against the other doctor. Plaintiff proceeded to trial against the City of New...

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