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BOTWINIK v. MOSESON

4058, 6994/06.

85 A.D.3d 462 (2011)

925 N.Y.S.2d 34

2011 NY Slip Op 4809

NANCY BOTWINIK, Appellant, v. MICHAEL D. MOSESON, M.D., et al., Respondents.

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

Decided June 9, 2011.

In making their oral motion, after the jury was empaneled and before opening arguments, defendants argued that plaintiff's proposed expert, though a highly qualified registered nurse, lacked the necessary qualifications to give a medical opinion as to the requisite standard of informed consent (see CPLR 4401-a; Orphan v Pilnik, 15 N.Y.3d 907 [2010]).

In opposition, plaintiff relied partially upon the deposition testimony...

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