CARRASQUILLO v. ROTHSCHILD


110 Misc.2d 758 (1981)

Iris Carrasquillo, Plaintiff, v. David Rothschild et al., Defendants.

Supreme Court, Bronx County.

September 2, 1981


Attorney(s) appearing for the Case

Bower & Gardner for defendants. Stillman & Spiegel, P. C., for plaintiff.


IRA GAMMERMAN, J.

This motion to dismiss, set aside the verdict and direct judgment in favor of defendants, follows a jury trial and verdict for plaintiff for damages suffered as a result of oral surgery performed without informed consent. The defendants base their argument on the failure of plaintiff to comply with CPLR 4401-a which states: "A motion for judgment at the end of the plaintiff's case must be granted as to any cause of action for medical...

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