Opinion
Argued January 8, 1963
Decided January 23, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY M. LIVOTI, J.
Howard Lester, Emile Z. Berman, A. Harold Frost and Leonard Sheft for Gerson Frydman, appellant-respondent.
Lillian E. Cuff and Francis J. Healy for Flushing Hospital and Dispensary, appellant-respondent.
Richard J. Burke and John E. Morris for respondent-appellant.
Richard D. Smith, Alexander P. Gillen and Casper B. Ughetta for respondents.
Appeal by plaintiff from that part of the judgment reducing the verdict dismissed upon the ground that he is not a party aggrieved since he stipulated to the reduction. Otherwise, judgment affirmed in all respects, with costs to defendants Wibrew against plaintiff. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.