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Ruth Sofair v. Levin-Epstein

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1996
231 A.D.2d 706 (N.Y. App. Div. 1996)

Opinion

September 30, 1996.

In an action to recover damages, inter alia, for lack of informed consent, the defendant appeals from a judgment of the Supreme Court, Queens County (Posner, J.), entered June 23, 1995, which, upon a jury verdict, is in favor of the plaintiff and against the defendant in the principal sum of $160,000.

Before: Sullivan, J. P., Pizzuto, Hart and Goldstein, JJ.


Ordered that the judgment is affirmed, with costs.

Viewing the evidence in a light most favorable to the plaintiff, and according her the benefit of every reasonable inference ( see, Negri v Stop Shop, 65 NY2d 625, 626), the jury verdict finding lack of informed consent was supported by sufficient evidence ( see, Public Health Law § 2805-d, [3]; CPLR 4401-a). The plaintiff adduced sufficient expert testimony regarding the inadequacy of the defendant's warnings regarding the inherent risks of the surgery ( cf., Gonzalez v Moscarella, 142 AD2d 550).

The defendant's remaining contentions are without merit.


Summaries of

Ruth Sofair v. Levin-Epstein

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1996
231 A.D.2d 706 (N.Y. App. Div. 1996)
Case details for

Ruth Sofair v. Levin-Epstein

Case Details

Full title:RUTH SOFAIR, Respondent, v. ALLAN A. LEVIN-EPSTEIN, Appellant

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

Date published: Sep 30, 1996

Citations

231 A.D.2d 706 (N.Y. App. Div. 1996)
647 N.Y.S.2d 990

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