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LASKOWITZ v. CIBA CORP.

215 A.D.2d 25 (1995)

632 N.Y.S.2d 845

Tracy H. Laskowitz, Appellant, v. CIBA Vision Corporation, Defendant, and Joseph M. Kurtz, Respondent

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

October 23, 1995

Attorney(s) appearing for the Case

Greshin, Ziegler & Pruzansky, Smithtown (Benjamin Greshin of counsel), for appellant.

Kelly, Rode & Kelly, Mineola (John D. Kelly, Shawn P. Kelly and Ann Willoughby of counsel), for respondent.

FLORIO, J., concurs with FRIEDMANN, J.; PIZZUTO, J. P., and HART, J., concur in a separate opinion by PIZZUTO, J. P.

FRIEDMANN, J.

On this appeal we are asked to consider whether the Legislature, by codifying in Public Health Law § 2805-d actions involving medical, dental, or podiatric malpractice based upon a lack of informed consent, repealed the common-law doctrine of informed consent as to health care professionals not expressly included in that statute.

The plaintiff at bar suffered permanent damage to her...

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