Hamilton v. Presbyterian Hospital

Appellate Division of the Supreme Court of New York

Hamilton v. Presbyterian Hospital

25 A.D.2d 432, 1966 N.Y. App. Div. LEXIS 5086

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 27, 1966

StatusPublished

This text of 25 A.D.2d 432 (Hamilton v. Presbyterian Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hamilton v. Presbyterian Hospital, 25 A.D.2d 432, 1966 N.Y. App. Div. LEXIS 5086 (N.Y. Ct. App. 1966).

Pincite

Opinion

Motion to resettle order of October 15, 1965 granted. The exclusion from the retrial of the issue as to the alleged malpractice of the physician was determined to be required on the law and not as a matter of discretion. 'The objection raised by defendant directed towards a possible avoidance by plaintiffs of the requirement for the filing of a stipulation for judgment absolute does not justify denial of the relief sought by plaintiffs. Whether the jurisdictional requirements for an appeal to the Court of Appeals will have been complied with is for that court to determine at an appropriate time.

Concur — Rabin, J. P., McNally, Eager, Steuer and Staley, JJ.

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Motion to resettle order of October 15, 1965 granted. The exclusion from the retrial of the issue as to the alleged malpractice of the physician was determined to be required on the law and not as a matter of discretion. 'The objection raised by defendant directed towards a possible avoidance by plaintiffs of the requirement for the filing of a stipulation for judgment absolute does not justify denial of the relief sought by plaintiffs. Whether the jurisdictional requirements for an appeal to the Court of Appeals will have been complied with is for that court to determine at an appropriate time.

Concur — Rabin, J. P., McNally, Eager, Steuer and Staley, JJ.

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Bluebook (online)

25 A.D.2d 432, 1966 N.Y. App. Div. LEXIS 5086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-presbyterian-hospital-nyappdiv-1966.