Opinion
March 3, 1952.
Action by the plaintiff wife to recover damages for malpractice and by her husband for expenses and loss of services. Judgment for defendant Beth El Hospital, Inc., unanimously affirmed, with costs. The defendant hospital is not liable for the medical treatment by its interne. ( Bakal v. University Heights Sanitarium, 277 App. Div. 572, affd. 302 N.Y. 870.) Judgment for defendant Addes reversed on the law and new trial granted, with costs to abide the event. The proof was sufficient to constitute a prima facie case of malpractice. Nolan, P.J., Carswell, Johnston, Wenzel and Schmidt, JJ., concur.