Bach v. Long Island Jewish Hospital

Motion and cross motion for summary judgment on the first cause of action. Defendant’s cross motion also seeks an order of preclusion.

The complaint alleges two causes of action seeking money damages as the result of a surgical operation or procedure performed upon the plaintiff. The first cause of action claims an assault by reason of an invalid consent; the second is predicated upon alleged malpractice.

*208On April 23, 1963, when she was 19% years of age, plaintiff presented herself to defendant’s outpatient clinic seeking treatment for a skin disorder. She executed a written authorization…