CUMMINGS v. FONDAK


122 Misc.2d 913 (1983)

Mark Cummings, Respondent, v. Alexander Fondak et al., Appellants.

Supreme Court, Appellate Term, First Department.

December 6, 1983


Attorney(s) appearing for the Case

Bower & Gardner (Michael Yoeli of counsel), for appellants. Kravitz & Becker (Michael J. Becker and Harry B. Frank of counsel), for respondent.

DUDLEY, P. J., HUGHES and PARNESS, JJ., concur.


Per Curiam.

Judgment entered October 13, 1982 is reversed, with $30 costs, and a new trial ordered.

Plaintiff has pleaded essentially two causes of action against the defendants, one asserting general medical malpractice, including malpractice in treatment, the other, malpractice based upon defendants' failure to secure plaintiff's informed consent to therapy. The jury found in favor of the defendants on...

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