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CERILLI, JR. v. KEZIS

37 A.D.3d 516 (2007)

829 N.Y.S.2d 689

ALBERT A. CERILLI, JR., et al., Appellants, v. JEFFREY S. KEZIS et al., Respondents.

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

Decided February 13, 2007.

Ordered that the judgment is affirmed, with costs.

This is an action to recover damages for battery allegedly sustained when the defendant Jeffrey S. Kezis performed a biopsy of the plaintiff Albert A. Cerilli's scrotum. The sole question posed to the jury after a trial was "did Dr. Kezis perform a scalpel biopsy of Mr. Cerilli's scrotum over Mr. Cerilli's express objection?" The jury was instructed "If you find Dr. Kezis performed the biopsy on Mr. Cerilli over his...

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