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.