Four Winds Hospital v. Keasbey — 59 N.Y.2d 943

Majority

p. 943

Four Winds Hospital, Respondent-Appellant, v Anthony Keasbey, Appellant-Respondent, and May Keasbey, Respondent, et al., Defendant.

Decided June 30, 1983

p. 945

APPEARANCES OF COUNSEL

Charles G. Mills for appellant-respondent.

Jon Paul Robbins for respondent-appellant.

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 modified, with costs to defendants, by granting a new trial as to defendant Anthony Keasbey for the reasons stated in the dissenting in part memorandum by Justice Samuel J. Silverman at the Appellate Division ( 92 AD2d 478 , 480-481) and, as so modified, affirmed.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.