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BARBARITO v. WESTERN QUEENS COMMUNITY HOSPITAL

271 A.D.2d 627 (2000)

707 N.Y.S.2d 348

GERALDINE BARBARITO et al., Respondents, v. WESTERN QUEENS COMMUNITY HOSPITAL et al., Defendants, and NABIL MEGALLY et al., Appellants.

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

Decided April 24, 2000.

Ordered that the judgment is affirmed, with costs.

"A medical malpractice cause of action may be based on allegations that a physician negligently gave advice to his patient as to what course of treatment to pursue" (Bienz v Central Suffolk Hosp., 163 A.D.2d 269, 270). According due deference to the jury's determination, which was based upon its opportunity to see and hear the witnesses, as well as to weigh the conflicting...

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