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SCHWARTZ v. TESSLER

131 A.D.2d 335 (1987)

Murray Schwartz et al., Appellants, v. Arthur Tessler, Respondent

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

June 11, 1987

On November 18, 1976, Mr. Murray Schwartz (Mr. Schwartz), approximately 51 years old, was admitted to New York University Medical Center (Medical Center) with a prostate problem. Prior to the surgery, discussed, infra, Mr. Schwartz alleges he was both capable of normal penile erection and engaging in sexual intercourse with his wife. Thereafter, on November 23, 1976, while Dr. Arthur Tessler (Dr. Tessler) was doing a transurethral resection (TUR), he perforated the...

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