Wertheimer v. Frank

VAN DUSEN, District Judge.

This action has been brought by the administrator of the Estate of Vincent Kozak, who died on July 18, 1960, at Metropolitan Hospital while a patient under the care of defendant Frank. The Complaint alleges that the death was caused by the joint and several negligence of the defendants and demands damages therefrom. The jurisdiction of the court is based on diversity of citizenship.

The matter is presently before the court on the Motion of Metropolitan Hospital, Inc. (hereinafter called “Metropolitan”) for Summary Judgment on the ground that it is an eleemosynary…