TRABAL v. QUEENS SURGI-CENTER


8 A.D.3d 555 (2004)

779 N.Y.S.2d 504

PETER TRABAL, Appellant, v. QUEENS SURGI-CENTER et al., Defendants, and JONATHAN K. SCHWARTZ, Respondent.

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

June 21, 2004.


Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, the complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial as to the defendant Jonathan K. Schwartz, with costs to abide the event.

On February 24, 1995, the defendant Jonathan K. Schwartz performed an augmentation phalloplasty on the plaintiff, plastic surgery used to enhance the size of his penis. The procedure involved, among...

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