BANKER v. HOEHN


278 A.D.2d 720 (2000)

718 N.Y.S.2d 438

MARY BANKER, Individually and as Parent and Guardian of NICHOLAS BANKER, an Infant, Respondent, v. JAMES G. HOEHN et al., Defendants, and H.G.M., INC., et al., Appellants.

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

Decided December 21, 2000.


Mugglin, J.

Plaintiff's son was born in 1980 with a facial birthmark. In 1993, defendant James G. Hoehn, a plastic surgeon, undertook to remove the birthmark from the infant's face by use of an argon laser manufactured by defendant H.G.M., Inc. Unfortunately, the laser surgery was unsuccessful resulting in hypertrophic scarring. Plaintiff commenced this action alleging, as relevant to this appeal, medical malpractice against Hoehn and strict products liability, based...

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