BOTA v. KAMINSKY, D.D.S.


299 A.D.2d 259 (2002)

749 N.Y.S.2d 714

HEIDI BOTA, Appellant, v. JACK S. KAMINSKY, D.D.S., Respondent.

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

Decided November 21, 2002.


The court properly declined to set aside the verdict in favor of defendant. It was for the jury to resolve the conflict in the parties' testimony as to whether or not an adequate warning was given of the reasonably foreseeable risks involved in the tooth extraction at issue, and to determine whether the particular injury suffered was encompassed in the warning actually given or was the type of risk requiring a more specific warning (see Marchione v State of New York,<...

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