DeVivo v. Birnbaum

—In an action to recover damages for dental malpractice and lack of informed consent, the defendant appeals from (1) stated portions of an order of the Supreme Court, Kings County (Clemente, J.), dated November 27, 2000, which, inter alia, denied that branch of his motion which was to set aside a jury verdict and for judgment as a matter of law on the ground that the plaintiff failed to prove a prima facie case, and granted that branch of his motion which was to set aside the jury verdict only to the extent of ordering a new trial unless the plaintiff stipulated to reduce the awards for past…