121 Misc. 193 | N.Y. Sup. Ct. | 1923
Plaintiff counts upon a contract with the defendant pursuant to which the latter agreed to furnish the plaintiff with competent nurses and such facilities, care and attention as might be required during the period of her confinement. It is further alleged in the complaint that the defendant failed in respect of the duty it assumed under the agreement in that the nurses were incompetent, unskillful and negligent in applying to the person of the plaintiff a liquid which burned and scarred her body, etc. • The fact that negligence is alleged in respect of the nurses did not change the character of the action from contract to tort. Ward v. Saint Vincent’s Hospital, 39 App. Div. 624. During the examination of the plaintiff and the physician who attended her testimony was elicited from each to the effect that the nurse who applied the liquid admitted that she had made a mistake due to shortsightedness and had used lysol instead of liquid green soap. This admission was not made at the time the
Ordered accordingly.