BARNETTE v. POTENZA


79 Misc.2d 51 (1974)

James Barnette, Plaintiff, v. Austin Potenza et al., Defendants.

Supreme Court, Trial Term, Nassau County.

August 8, 1974


Attorney(s) appearing for the Case

Joseph T. Mirabel for Austin Potenza, defendant. Martin, Clearwater & Bell for Elie J. Sarkis, defendant. Brian S. Fiske and Levine & Slavit for plaintiff.


JOSEPH LIFF, J.

This motion by Austin Potenza (the only remaining defendant) to set aside the jury verdict of damages awarded to the plaintiff is granted. A new trial is directed on the issue of whether said defendant proceeded without obtaining an informed consent and, should that question be resolved against him, what, if any damages were sustained by plaintiff.

This is an action in medical malpractice...

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