Action to recover damages for personal injuries alleged to have been caused by appellant's negligence in removing respondent, a paying patient, from its hospital to another hospital eight to ten miles distant. Such removal was made within twenty-four hours after respondent had undergone an operation in which a six-inch incision had been made through the abdominal wall into the peritoneal cavity, which incision was then closed with skin clips. Judgment in favor of plaintiff, entered upon the verdict of a jury, unanimously affirmed, with costs. Evidence was adduced upon the trial from which the jury could find that respondent's removal was an administrative act on appellant's part, made over respondent's protest and without the consent and against the advice of respondent's surgeon, for appellant's own purpose and benefit and not in the medical treatment of respondent, and that such removal was the competent producing cause of respondent's injury. ( Necolayff v. Genesee Hosp., 270 App. Div. 648, 652, affd. 296 N.Y. 936; Hendrickson v. Hodkin, 276 N.Y. 252, 258; Santos v. Unity Hosp., 301 N.Y. 153, 156; Gordon v. Harbor Hosp., 275 N.Y. 1047 .) Appellant made no requests to charge (see Haefeli v. Woodrich Engineering Co., 255 N.Y. 442, 445), and we find no error affecting a substantial right of appellant. (Civ. Prac. Act, § 106.)