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BELLIER v. BAZAN

124 Misc.2d 1055 (1984)

Collette R. Bellier, Plaintiff, v. Carlos Bazan, Defendant.

Supreme Court, Trial Term, New York County.

July 20, 1984

Attorney(s) appearing for the Case

Kramer, Dillof, Tessel, Duffy & Moore (Judith A. Livingston of counsel), for plaintiff. Kelly, Rode, Kelly & Burke (Stephen P. Burke of counsel), for defendant.

GERARD M. WEISBERG, J.

Is it proper to charge the defense of plaintiff's culpable conduct (CPLR 1411) to a cause of action for medical malpractice based on lack of informed consent (Public Health Law, § 2805-d)? This question arises in the context of a motion to set aside a portion of a jury verdict.

The plaintiff Collette R. Bellier brought an action against Dr. Carlos Bazan, a plastic surgeon, following a breast reduction procedure that...

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