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HELEN PERILLO v. ST. CATHERINE'S HOSPITAL (03/10/69)

March 10, 1969

HELEN PERILLO, AS ADMINISTRATRIX OF THE ESTATE OF RICHARD PERILLO, JR., DECEASED, ET AL., APPELLANTS,
v.
ST. CATHERINE'S HOSPITAL, INC., RESPONDENT



Appeal by plaintiffs from a judgment of the Supreme Court, Kings County, dated July 18, 1967, in favor of defendants upon the trial court's direction of a verdict at the close of the jury trial.

Beldock, P. J., Christ, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion, the proof, viewed in the light most favorable to plaintiffs, established a prima facie case of malpractice. Hence, it was error for the trial court to have directed a verdict in favor of defendant rather than submit the case to the jury for determination (see Prince v. City of New York, 21 A.D.2d 668).

Disposition

Judgment reversed, on the law, and new trial granted, with costs to appellants to abide the event.

19690310

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