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McDermott v. Paton

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1967
28 A.D.2d 1108 (N.Y. App. Div. 1967)

Opinion

November 9, 1967


Order, entered May 24, 1967, granting respondent's cross motion for summary judgment, unanimously affirmed, with $50 costs and disbursements to defendant-respondent. On a review of the record, the Appellate Division found as a matter of law that the evidence was insufficient to raise a triable issue on the theory of contraindication of surgical intervention as to defendants Manhattan Eye, Ear and Throat Hospital and Dr. Kleinhandler ( 26 A.D.2d 519, affd. 18 N.Y.2d 970). On a similar review of the record, we reach the same conclusion as to respondent Dr. Paton.

Concur — Botein, P.J., Eager, Tilzer, Rabin and McNally, JJ.


Summaries of

McDermott v. Paton

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1967
28 A.D.2d 1108 (N.Y. App. Div. 1967)
Case details for

McDermott v. Paton

Case Details

Full title:KATHLEEN McDERMOTT, Appellant, v. RICHARD T. PATON, Respondent, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 9, 1967

Citations

28 A.D.2d 1108 (N.Y. App. Div. 1967)