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Lopez v. Sheskier

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 536 (N.Y. App. Div. 1999)

Opinion

Submitted May 3, 1999

June 21, 1999

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered November 17, 1997, which, upon granting the defendant's motion made at the end of the plaintiff's case to dismiss the cause of action predicated on lack of informed consent, upon a jury verdict on the remaining causes of action, and upon the denial of her motion pursuant to CPLR 4404(a) to set aside the verdict, is in favor of the defendant and against her dismissing the complaint.

Reingold Tucker, P.C., Brooklyn, N.Y. (Abraham Reingold of counsel), for appellant.

Sedgwick, Detert, Moran Arnold, New York, N.Y. (Kenneth N. Rashbaum and Howard R. Cohen of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the cause of action predicated on lack of informed consent regarding the surgery the defendant performed on her on April 27, 1990, was properly dismissed inasmuch as she failed to adduce expert medical testimony in support of the alleged qualitative insufficiency of the consent ( see, CPLR 4401-a; Gonzalez v. Moscarella, 142 A.D.2d 550).

Moreover, the court's conduct was evenhanded and nonprejudicial ( see, Rivera v. Time Warner Cable of N.Y., 228 A.D.2d 661).

The plaintiff's remaining contentions are without merit.


Summaries of

Lopez v. Sheskier

Appellate Division of the Supreme Court of New York, Second Department
Jun 21, 1999
262 A.D.2d 536 (N.Y. App. Div. 1999)
Case details for

Lopez v. Sheskier

Case Details

Full title:NELLY LOPEZ, appellant, v. STEVEN SHESKIER, etc., respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 21, 1999

Citations

262 A.D.2d 536 (N.Y. App. Div. 1999)
691 N.Y.S.2d 794

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