MOORE v. LONDON


29 A.D.2d 666 (1968)

Aurora Moore, Appellant, v. Ephraim J. London, by His Guardian ad Litem Eleanor London, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 15, 1968


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No questions of fact were considered on this appeal. In our opinion, whether the paper signed by plaintiff constituted a valid consent to defendant's operation and treatment procedure, under the facts and circumstances here proved, constituted a question of fact for the jury. It was for the jury to determine whether an emergency situation occurred or was present which justified or...

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