Archibald v. Sanatorium
New York Supreme Court
Motion to dismiss complaint in an action on contract.
1Opinion of the CourtErlanger, J.
Plaintiff counts upon a contract with the defendant pursuant to which the latter agreed to furnish the plaintiff with competent nurses and such facilities, care and attention as might be required during the period of her confinement. It is further alleged in the complaint that the defendant failed in respect of the duty it assumed under the agreement in that the nurses were incompetent, unskillful and negligent in applying to the person of the plaintiff a liquid which burned and scarred her body, etc. • The fact that negligence is alleged in respect of the nurses did not change the character…
2Cases cited6 opinions
- Ward v. Saint Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 1899
- In Re the Final Accounting of MorganNew York Court of Appeals · 1887
- Swartout v. WillinghamNew York Supreme Court · 1893
- Pescia v. Societa Co-Operativa Corleonese Francesco BentivegnaAppellate Division of the Supreme Court of the State of New York · 1904
- Domenico v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1922
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gruhn v. J. H. Taylor Construction Co.New York Supreme Court · 1943
- Oates v. City of RochesterNew York Supreme Court · 1955