Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Under the pleadings and the proof plaintiff fairly presented questions of fact for jury consideration both as to wrongful physical injury and damage. A prima facie case was made out whether the action be regarded generally as in trespass against the person or technically as a malpractice action. ( Benson v. Dean, 232 N.Y. 52, 58.) All concur. (The judgment dismissed the complaint in an action for personal injuries resulting from malpractice.)