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MOTICHKA v. CODY M.D.

279 A.D.2d 310 (2001)

720 N.Y.S.2d 9

JOANNE MOTICHKA, Respondent-Appellant, v. HIRAM CODY, M.D., Appellant-Respondent.

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

Decided January 11, 2001.

The verdict, finding defendant doctor liable for failing to obtain plaintiff's informed consent to the modified radical mastectomy he performed on her, was supported by sufficient evidence and was not contrary to the weight of the evidence adduced at trial (see, Cohen v Hallmark Cards, 45 N.Y.2d 493, 498-499). The evidence, viewed as it must be on appeal, in the light most favorable to plaintiff, the prevailing party at trial (

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