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105 A.D.2d 248

Paul v. Boschenstein

Appellate Division of the Supreme Court of the State of New York · decided 1984-12-31

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-31

How this case has been cited

Cited by 17 later decisions — most recently March 2016

4 federal appellate · 2 district · 9 state decisions

801984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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O’Connor, J.

¶1(concurring in result only). The jury verdict in favor of the defendant drug manufacturer was supported by the evidence while the complaint against the defendants doctor and hospital was properly dismissed at the close of plaintiff’s case for failure to make out a prima facie case of negligence (see McDermott v Manhattan Eye, Ear & Throat Hosp., 15 NY2d 20, 24; Meiselman v Crown Hgts. Hosp., 285 NY 389, 396).

¶2Lazer, J. P., Rubin and Boyers, JJ., concur; O’Connor, J., concurs in the result, with an opinion.

¶3Judgment of the Supreme Court, Westchester County, entered September 11,1981, affirmed insofar as appealed from, with one bill of costs.

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