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SPINOSA v. WEINSTEIN

168 A.D.2d 32 (1991)

Ann Spinosa et al., Appellants-Respondents, v. Steven L. Weinstein, D.P.M., et al., Respondents-Appellants, and Robert P. Hochran, D.P.M., Respondent

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

May 31, 1991

Attorney(s) appearing for the Case

Howard S. Davis & Associates (Janine Silver of counsel), for appellants-respondents.

Kopff, Nardelli & Dopf (Martin B. Adams and Scott F. Morgan of counsel), for respondents-appellants.

Riechenbaum & Silberstein, P. C. (Meryl R. Neuren, Joseph P. Awad and Dennis Connor of counsel), for respondent.

BROWN, J. P., KUNZEMAN and BALLETTA, JJ., concur.

EIBER, J.

One of the primary issues presented on this appeal is whether the podiatrist who acted as surgical assistant in a series of operations performed on the plaintiff Ann Spinosa's feet was obligated to obtain her informed consent before participating in the procedures undertaken. For the reasons which follow, we conclude that the surgical assistant was not so obligated, and, therefore, that the Supreme...

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