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ANTOINE v. GULMI

275 A.D.2d 294 (2000)

713 N.Y.S.2d 121

GEX ANTOINE, Appellant, v. FREDERICK GULMI et al., Respondents.

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

Decided August 7, 2000.

Ordered that the judgment and the order are affirmed, with one bill of costs.

The Supreme Court properly granted the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the plaintiff's cause of action to recover damages based upon lack of informed consent since the plaintiff failed to adduce expert medical testimony in support of the alleged qualitative insufficiency of the consent (see, CPLR 4401-a; see also, Davis v Caldwell...

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