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KAPLAN v. ROSIELLO

16 A.D.3d 626 (2005)

792 N.Y.S.2d 523

LEO KAPLAN, Respondent, v. ARTHUR P. ROSIELLO, Appellant.

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

March 28, 2005.

Ordered that the appeal from so much of the order as referred to the trial court those branches of the motion which were to preclude the plaintiff from offering evidence at trial regarding his claims of lack of informed consent, damages due to drug withdrawal, and damages due to lost earnings is dismissed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff...

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