SCHEL v. ROTH


242 A.D.2d 697 (1997)

663 N.Y.S.2d 609

Larry W. Schel, Jr., Respondent, v. Robert G. Roth et al., Appellants, et al., Defendant

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

September 29, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the motion and cross-motion which were to dismiss the plaintiff's second cause of action to recover damages based on the lack of informed consent and to strike from the plaintiff's bills of particulars any references thereto are granted.

A defendant's objection that a complaint fails to state a cause of action under CPLR 3211 (a) (7) may be raised...

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