Opinion
Argued October 29, 1969
Decided November 26, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD TESSLER, J.
Howard N. Meyer, Paul O'Dwyer and Frank Durkan for appellant.
James M. Furey for respondent.
Order reversed and a new trial granted, with costs to abide the event, on the ground that plaintiff made out a prima facie case against the hospital, in view of the testimony given by the nurse, including that taken on her examination before trial, as well as her entries in the nurse's record. No opinion.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN and GIBSON. Judges SCILEPPI and BERGAN dissent and vote to affirm on the opinion at the Appellate Division.