GASKA v. HELLER


29 A.D.3d 945 (2006)

816 N.Y.S.2d 523

ROBERT GASKA, Appellant, v. KEITH HELLER et al., Respondents.

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

May 30, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff claims, inter alia, that on May 22, 2000, the defendant Keith Heller, while performing surgery on him at the defendant Long Island Jewish Medical Center, "engraved, carved and cut initials or characters into the plaintiff's body," causing him to sustain injuries. The defendants moved for summary judgment, inter alia, on the ground that the action sounded in medical malpractice and/or intentional tort and...

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