Opinion
October, 1933.
Order reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, without costs. The complaint does not state a cause of action against the hospital and, therefore, the examination should not have been authorized. ( Schloendorff v. New York Hospital, 211 N.Y. 125; Matter of Renouf v. N.Y.C.R.R. Co., 254 id. 349; Mieryjeski v. Bay Ridge Sanitarium, Inc., 237 App. Div. 851.) Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.