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JUAN R. TACTUK v. ANDREW FREIBERG (11/26/69)

COURT OF APPEALS OF NEW YORK 1969.NY.43631 <http://www.versuslaw.com>; 257 N.E.2d 650; 26 N.Y.2d 757 decided: November 26, 1969. JUAN R. TACTUK, AS ADMINISTRATOR OF THE ESTATE OF MERCEDES TACTUK, DECEASED, APPELLANT,v.ANDREW FREIBERG, DEFENDANT AND BOULEVARD SANITARIUM CORPORATION, RESPONDENT Tactuk v. Freiberg, 29 A.D.2d 868, reversed. Howard N. Meyer, Paul O'Dwyer and Frank Durkan for appellant. James M. Furey for respondent. Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to affirm on the opinion at the Appellate Division.


Tactuk v. Freiberg, 29 A.D.2d 868, reversed.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to affirm on the opinion at the Appellate Division.

 No opinion.

Disposition

Order reversed and a new trial granted, with costs to abide the event, on the ground that plaintiff made out a prima facie case against the hospital, in view of the testimony given by the nurse, including that taken on her examination before trial, as well as her entries in the nurse's record.

19691126

© 1998 VersusLaw ...

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