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BAKAL v. UNIV. HEIGHTS SANITARIUM

277 A.D. 572 (1950)

Eleanore Bakal, Respondent, v. University Heights Sanitarium, Inc., Appellant, and Max Eisenstat, Respondent

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

December 19, 1950.

Attorney(s) appearing for the Case

Joseph J. Brophy of counsel (Desmond T. Barry with him on the brief; Tippett, Cotter & Carey, attorneys), for appellant.

Ralph Stout of counsel (Philip Smith, attorney), for plaintiff-respondent.

Robert W. Prier of counsel (Martin & Clearwater, attorneys), for defendant-respondent.

GLENNON, J. P., and CALLAHAN, J., concur; COHN and SHIENTAG, JJ., dissent and vote to affirm.

DORE, J.

The issue is whether defendant, a private hospital operated for profit, is responsible for its nurse's negligent acts, not administrative or clerical, but performed in relation to a patient's medical care in connection with an operation performed in the hospital by the patient's own surgeon.

Plaintiff was a paying patient in defendant's private hospital concededly operated for profit. On October...

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