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DRIES v. GREGOR

72 A.D.2d 231 (1980)

Nancy H. Dries et al., Appellants, v. David G. Gregor, Respondent, et al., Defendants. (Appeal No. 1.) Nancy H. Dries et al., Appellants, v. Parhladkumar J. Agarwal, Respondent, et al., Defendants. (Appeal No. 2.) Nancy H. Dries et al., Appellants, v. David G. Gregor et al., Defendants; Alan Henderson et al., Respondents. (Appeal No. 3.) Nancy H. Dries et al., Appellants, v. Mercy Hospital of Watertown, Respondent, et al., Defendants. (Appeal No. 4.)

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

January 24, 1980

Attorney(s) appearing for the Case

Williams, Micale & Wells (Peter N. Wells of counsel), for appellants.

Smith, Sovik, Kendrick, McAuliffe & Schwarzer, P. C. (Martin F. Kendrick of counsel), for David G. Gregor, respondent.

Martin, Ganotis & Brown, P. C. (Paul A. Brown of counsel), for Alan Henderson and another, respondents.

Wilmott, Wisner, McAloon & Scanlon (Michael D. Saunders of counsel), for Mercy Hospital of Watertown, respondent.

HANCOCK, JR., SCHNEPP and CALLAHAN, JJ., concur with CARDAMONE, J. P.; MOULE, J., dissents.

CARDAMONE, J. P.

The appeal in this medical malpractice case requires us to state what is the appropriate charge to a jury where plaintiffs' theory of malpractice is based on a lack of informed consent.

A surgical procedure known as a "quadrant resection" of the right breast was performed by defendant Dr. David G. Gregor on plaintiff, Mrs. Nancy Dries, on November 7, 1974 at defendant Mercy Hospital in...

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