CHARELL v. GONZALEZ


173 Misc.2d 227 (1997)

660 N.Y.S.2d 665

Julianne Charell, Plaintiff, v. Nicholas J. Gonzalez, Defendant.

Supreme Court, New York County.

June 10, 1997


Attorney(s) appearing for the Case

Ellenberg & Hutson, New York City, for defendants. Gair, Gair, Conason, Steigman & Mackauf, New York City, for plaintiff.


EDWARD H. LEHNER, J.

Before me is a motion by defendant to set aside the jury verdict against him and a cross motion by plaintiff to vacate the jury finding that she impliedly assumed a risk of injury to herself when she agreed to undergo treatment by defendant.

In 1991, after being diagnosed with uterine cancer, plaintiff underwent a hysterectomy at Mt. Sinai Hospital, subsequent to which the physicians...

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