Summary
holding that a plaintiff may recover for heightened anxiety he suffered because a cancerous growth was not timely discovered and removed
Summary of this case from Vumbaca v. Terminal One Grp. Ass'n L.P.Opinion
Argued April 8, 1971
Decided May 13, 1971
Appeal from the Appellate Division of the Supreme Court in the second Judicial Department, JOSEPH LIFE, J.
Benjamin H. Siff and Thomas R. Newman for appellant.
Walter F. Wortman, Joel H. Lichtenstein and Stanley Tessel for respondent.
Order reversed, with costs, on the dissenting opinion at the Appellate Division, and the verdict for plaintiff reinstated since respondent consents in this court that if there is a reversal the verdict should stand.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.