Majority
p. 1045Society of the New York Hospital, Appellant, v. Walter Kruger, Defendant, and Bettina Kruger, Respondent.
Determination unanimously reversed, with costs to the appellant and the judgment of the Municipal Court reinstated. The documentary evidence clearly establishes that defendant wife unconditionally agreed with the plaintiff hospital to personally pay the hospitalization charges. It was, therefore, proper for the trial court to have awarded judgment against her. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow, Botein and Rabin, JJ.