New York City Court December 18, 1936 (Daly's Astoria Sanatorium, Inc. v. Blair)

O’Rourke, J.

The plaintiff conducts a private or a “proprietory ” hospital as distinguished from a “ public ” or “ charitable ” institution. The defendant’s wife was admitted to the plaintiff’s institution on March 16, 1936, where she died on March 20, 1936. During this time she was treated by a staff physician and by a surgeon not a member of the staff, whose employment was authorized by her.