Four Winds Hospital v. Keasbey (59 N.Y.2d 943, 1983)

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.