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BAMBRICK v. BOOTH MED. CTR.

148 Misc.2d 688 (1990)

Rosemary Bambrick et al., Plaintiffs, v. Booth Memorial Medical Center, Defendant.

Supreme Court, Queens County.

October 15, 1990

Attorney(s) appearing for the Case

Norman Leonard Cousins for plaintiffs. Ivone, Devine & Jensen for defendant.

ANGELO GRACI, J.

When an autopsy is admittedly performed without the written consent of the decedent's family but the defendant hospital alleges that telephonic authorization had been obtained from the decedent's wife, are the plaintiffs herein, the wife and son of the decedent, entitled to summary judgment as a matter of law against the defendant hospital for the performance of an unauthorized autopsy?

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