Fontana v. Kurian
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Burrows, J.), entered February 18, 1993 in Westchester County, which granted plaintiff’s motion to set aside a verdict in favor of defendant and ordered a new trial.
In January 1988, plaintiff consulted defendant (a general surgeon) with respect to a small lump in her right elbow crease. Defendant suggested that surgical removal of the lump would be prudent, due to the possibility that it was cancerous, and plaintiff agreed to that course of action. The surgery disclosed…
2Cases cited10 opinions
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- Ellis v. HoelzelAppellate Division of the Supreme Court of the State of New York · 1977
- Wierzbicki v. KristelAppellate Division of the Supreme Court of the State of New York · 1993
- Walsh v. Staten Island Obstetrics & Gynecology AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by8 opinions
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- Cholewinski v. WisnickiAppellate Division of the Supreme Court of the State of New York · 2005
- Leffler v. FeldAppellate Division of the Supreme Court of the State of New York · 2010
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