Legal Opinion

Smith v. Bessen

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1990PublishedCited by 24 opinions

1Opinion of the Court

Weiss, J. P.,

Appeal from an order of the Supreme *848Court (Torraca, J.), entered May 5, 1989 in Sullivan County, which granted plaintiffs motion to amend the complaint.

Defendant performed a ligation (stripping) of varicose veins on plaintiffs right leg on November 5, 1982 and on her left leg on November 11, 1982. Plaintiff remained in defendant’s care for follow-up treatment until February 22, 1983. In this medical malpractice action commenced January 8, 1985, plaintiff alleges negligence in the performance of the surgery, but makes no allegation of a lack of informed consent. Defendant’s demand…

2Cases cited4 opinions

  1. Bobrick v. BravsteinAppellate Division of the Supreme Court of the State of New York · 1986
  2. Prosser v. GouveiaAppellate Division of the Supreme Court of the State of New York · 1983
  3. Polak v. SchwenkAppellate Division of the Supreme Court of the State of New York · 1985
  4. Grosse v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by24 opinions

  1. Mathiesen v. MeadAppellate Division of the Supreme Court of the State of New York · 1990
  2. Jolly v. RussellAppellate Division of the Supreme Court of the State of New York · 1994
  3. Sabol & Rice, Inc. v. Poughkeepsie Galleria Co.Appellate Division of the Supreme Court of the State of New York · 1991
  4. Bombard v. Central Hudson Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Anonymous v. AnonymousNew York Supreme Court · 1992

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