At issue here is the measure of damages for a breach of an alleged "special agreement" by a plastic surgeon. The damages are to be measured by the "contract" rule rather than those accruing in a medical malpractice action.
This motion by defendant for an order, pursuant to CPLR 3211 (subd [a], pars 5, 7), dismissing the amended complaint, is determined as set forth below.
In a prior decision dated May 19, 1983, this...
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