Opinion
Argued June 4, 1974
Decided June 26, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.
Joseph P. Napoli, Harry H. Lipsig and Joseph B. Castleman for appellant.
E. Richard Rimmels, Jr. for Flushing Hospital and Medical Center, respondent.
Arnold Davis for Frank Labriola and another, respondents.
Order reversed and a new trial granted, with costs to abide the event, in the following memorandum: Plaintiff made out a prima facie case as to all defendants sufficient to defeat a motion to dismiss and hence the Court of Appeals reverses. In doing so, there is, of course, no evaluation of the merits of the case. Moreover, also requiring reversal is the restriction of the examination of plaintiff's expert witness (see the dissenting opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and STEVENS. Taking no part: Judge RABIN.