Josephson v. Wibrew — 12 N.Y.2d 930

Majority

p. 930

Martin Josephson, as Administrator of the Estate of Barbara Josephson, Deceased, Respondent-Appellant, et al., Plaintiff, v. Gerard D. Wibrew et al., Respondents, and Gerson Frydman et al., Appellants-Respondents.

Argued January 8, 1963;

decided January 23, 1963.

p. 933

Howard Lester, Emile Z. Berman, A. Harold Frost and Leonard Sheft for Gerson Frydman, appellant-respondent.

Lillian E. Guff and Francis J. Healy for Flushing Hospital and Dispensary, appellant-respondent.

Richard J. Burke and J ohnE. Morris for respondent-appellant.

Richard D. Smith, Alexander P. Gillen and Gasper B. Ughetta for respondents.

Appeal by plaintiff from that part of the judgment reducing the verdict dismissed upon the ground that he is not a party aggrieved since he stipulated to the reduction. Otherwise, judgment affirmed in all respects, with costs to defendants Wibrew against plaintiff. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis,. Burke, Foster and Scileppi.