Jokelson v. Allied Stores Corp.

Motion for resettlement [31 A D 2d 200] and for other relief denied. The Court of Appeals in Hamilton v. Presbyterian Hosp. (17 N Y 2d 719) granted a motion to dismiss the appeal unless a stipulation for judgment absolute was filed where in similar circumstances we resettled our order to state that the exclusion of malpractice as a ground for recovery was on the law. While the dismissal of the issue .of overcrowding in this ease was on .the law, if we did not dismiss on the law we would have ordered a new trial- on that issue on the additional grounds that the verdict was against the weight…