Hasselbach v. Mount Sinai Hospital
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mount Sinai Hospital, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of January, 1916, sustaining a demurrer to a separate defense set up in the answer.
1Opinion of the Court
Scott, J.:
The hearing upon the demurrer to the separate defense was brought on as a contested motion and the demurrer sustained. *90Upon the hearing of that motion and upon this appeal the defendant seeks not only to sustain the defense demurred to but also attacks the sufficiency of the complaint. The action is by a widow for damages by reason of an unauthorized autopsy performed upon her husband’s body after he had died in defendant’s hospital.
After alleging defendant’s incorporation and its maintenance of an hospital the plaintiff shows that her husband was received therein as a paying…
2Cases cited5 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Coleman v. St. Michael's Protestant Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by11 opinions
- Colavito v. New York Organ Donor Network, Inc.New York Court of Appeals · 2006
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
- Huntly v. Zurich General Accident & Liability InsuranceCalifornia Court of Appeal · 1929
- Grawunder v. Beth Israel Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1934
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