Torts · MBE-tested
Russell D. Kanon, an Infant, by His Father and Natural Guardian, Herbert Kanon, et al., Respondents, v. Brookdale Hospital Medical Center, Formerly Known as Beth-El Hospital, et al., Respondents, and Sol Nichtern, Appellant
60 A.D.2d 833·New York Supreme Court, Appellate Division·1978·NY
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Opinion
Russell D. Kanon, an Infant, by His Father and Natural Guardian, Herbert Kanon, et al., Respondents, v Brookdale Hospital Medical Center, Formerly Known as Beth-El Hospital, et al., Respondents, and Sol Nichtern, Appellant.
[MAJORITY]
In a medical malpractice action, defendant Nichtern appeals from an order of the Supreme Court, Kings County, dated March 18, 1976, which denied his motion for summary judgment. Order affirmed, with one bill of $50 costs and disbursements jointly to respondents appearing separately and filing separate briefs. The record clearly presents a triable issue of fact on the question of appellant’s negligence. Latham, J. P., Cohalan, Damiani and Hawkins, JJ., concur.