Opinion

Braun v. St. Vincent's Hospital & Medical Center

57 N.Y.2d 909 · New York Court of Appeals · Oct 19, 1982

Full text

Sara Braun Et Al., Appellants, v. St. Vincent’s Hospital and Medical Center Et Al., Defendants, and Lawrence Zingesser, Respondent

OPINION OF THE COURT On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings. On this record, there is no basis for setting aside, *911 as a matter of law, the determination of Special Term that this doorman came within the contemplation of CPLR 308 (subd 2) (duPont, Glore Forgan & Co. v Chen, 41 NY2d 794, 797). Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.