Golini v. Nachtigall

Order and judgment (one paper), Supreme Court, New York County, entered on October 29, 1973, affirmed, without costs and without disbursements, for the reasons stated by the court below. *629Lupiano, J. (dissenting). The critical issue on this appeal is whether the record sustains finding as a matter of law that plaintiff’s intestate died as the consequence of the alleged negligence of a fellow employee in the course of said intestate’s employment. It is submitted that the answer is no. This is a wrongful death action arising out of the alleged negligence of the defendant, a medical doctor. The…