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Trapp v. Metz

Court of Appeals of the State of New York
May 13, 1971
28 N.Y.2d 913 (N.Y. 1971)

Summary

holding that a plaintiff may recover for heightened anxiety he suffered because a cancerous growth was not timely discovered and removed

Summary of this case from Vumbaca v. Terminal One Grp. Ass'n L.P.

Opinion

Argued April 8, 1971

Decided May 13, 1971

Appeal from the Appellate Division of the Supreme Court in the second Judicial Department, JOSEPH LIFE, J.

Benjamin H. Siff and Thomas R. Newman for appellant.

Walter F. Wortman, Joel H. Lichtenstein and Stanley Tessel for respondent.


Order reversed, with costs, on the dissenting opinion at the Appellate Division, and the verdict for plaintiff reinstated since respondent consents in this court that if there is a reversal the verdict should stand.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Summaries of

Trapp v. Metz

Court of Appeals of the State of New York
May 13, 1971
28 N.Y.2d 913 (N.Y. 1971)

holding that a plaintiff may recover for heightened anxiety he suffered because a cancerous growth was not timely discovered and removed

Summary of this case from Vumbaca v. Terminal One Grp. Ass'n L.P.
Case details for

Trapp v. Metz

Case Details

Full title:PETER H. TRAPP, Appellant, v. ADOLPH M. METZ, Respondent

Court:Court of Appeals of the State of New York

Date published: May 13, 1971

Citations

28 N.Y.2d 913 (N.Y. 1971)
323 N.Y.S.2d 166
271 N.E.2d 697

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