Summary
In Feldman, the plaintiff in the underlying personal injury action brought claims against the driver and owner of the vehicle involved in the automobile accident in which plaintiff was injured and against the doctor who treated (and aggravated) his injuries.
Summary of this case from Reich v. Manhattan BoilerOpinion
Argued June 10, 1982
Decided June 23, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING S. ARONIN, J.
Thomas R. Newman and Louis G. Adolfsen for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Alfred Weinstein, Leonard Koerner and Stephen M. Clayton of counsel), for respondent.
Order reversed, with costs, and the order of Supreme Court, Kings County, reinstated for the reasons stated in the opinion of Justice IRVING S. ARONIN at Special Term ( 107 Misc.2d 145).
Concur: Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER. Judges JASEN and JONES dissent and vote to affirm for the reasons stated in the opinion by former Justice SAMUEL RABIN at the Appellate Division ( 84 A.D.2d 166).