EVANS v. KRINGSTEIN


193 A.D.2d 714 (1993)

598 N.Y.S.2d 64

Julia Evans, Respondent, v. Gilbert J. Kringstein, Appellant

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

May 17, 1993


Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the motion for leave to assert a cause of action to recover damages for lack of informed consent is denied.

In 1982 the plaintiff commenced an action against the defendant to recover damages for dental malpractice and breach of contract, but alleged no separate cause of action based upon lack of informed consent. Thereafter, discovery was conducted, and upon completion...

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