Opinion
December 27, 1961
In an action to recover damages sustained by plaintiff as the result of the removal of her left eye on May 17, 1955, allegedly made necessary by the negligence of defendant Knapp, which occurred on May 26, 1953, when he removed a cataract from said eye, he appeals from so much of a judgment of the Supreme Court, Westchester County, entered December 22, 1960, after a jury trial, as is in favor of plaintiff and against him. Judgment insofar as appealed from affirmed, with costs. No opinion. Beldock, Acting P.J., Kleinfeld and Brennan, JJ., concur; Ughetta and Christ, JJ., dissent and vote to reverse the judgment and to dismiss the complaint, on the ground that there is no proof that defendant Knapp deviated from standard and approved practice or that there was any want of ordinary and reasonable care on his part. An error of judgment does not render a physician liable provided he does what he thinks is best after careful examination ( Pike v. Honsinger, 155 N.Y. 201).