Katz v. Manhattan General, Inc.

The original complaint in this action pleaded that defendant, which is a hospital, contracted with plaintiff ‘ ‘ diligently and skillfully to treat and care for plaintiff ’ ’ and ‘ ‘ to render her all necessary routine medical treatment and nursing services which her condition might require, through the hands of its agents, servants and employees both of a skilled and unskilled nature

It further pleaded that defendant failed to furnish plaintiff “ diligent and skillful care and treatment * * * thereby breaching its contract. ’ ’ The ‘ ‘ breach ’ ’ thus charged was by pleading that she “ was…