Striano v. Deepdale General Hospital

In an action to recover damages for personal injuries, etc., defendant Buchbinder appeals from an order of the Supreme Court, Queens County, dated March 19, 1976, which denied his motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and motion granted. The 11-year-old plaintiff was hospitalized for a tonsillectomy. His doctor, appellant, prescribed a postoperative diet of milk, water, ice cream and jello; cooked cereal, broth and junket were added the following day. The nurse knew that hot tea was not allowed. The day after the operation, however, for her…