Baum v. Turel

FEINBERG, District Judge.

This is a motion for summary judgment by two of four defendants. Jurisdiction is based on diversity of citizenship. For the reasons indicated below, the motion is granted as to the first and second causes of action in the complaint and denied as to the third.

Plaintiff Fred S. Baum underwent surgery on April 4, 1955, for the repair of a right inguinal hernia. The operation was performed in New York City by defendant Dr. Solomon J. Turel (“Turel”), a New York resident, at Wickersham Hospital (“Wickersham”). Wickersham is a named defendant in this action. In connection…