Hyperlawhypertext legal databasebeta Jordan Kret v. Brookdale Hospital Medical Center 61 N.Y.2d 861

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Jordan Kret v. Brookdale Hospital Medical Center

61 N.Y.2d 861 Court N.Y. Decision date 1984-02-23 English

Contents

Majority

p. 861
Jordan Kret, an Infant, by His Father and Natural Guardian, Arthur Kret, Appellant, v Brookdale Hospital Medical Center et al., Respondents.
Submitted January 6, 1984;
decided February 23, 1984
p. 863
APPEARANCES OF COUNSEL
Morris J. Eisen, Steven Di Joseph and Edward P. Dunphy for appellant.
George J. Kehayas and Leo Rothbard for respondents.

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Justice Seymour Boyers at the Appellate Division ( 93 AD2d 449 ). Moreover, a reading of the summation of plaintiff’s attorney to the jury in the prior trial leaves no doubt that the question decided by that jury was whether abruptio placentae occurred, that it was necessarily determined, and that it was determined against plaintiff after full and fair opportunity to litigate the issue.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Kaye. Taking no part: Judge Simons.

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