Cerilli v. Kezis

In an action to recover damages for battery, etc., the plaintiffs appeal from a judgment of the Supreme Court, Dutchess County (Brands, J.), entered April 5, 2006, which, upon a jury verdict, is in favor of the defendants and against them dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

This is an action to recover damages for battery allegedly sustained when the defendant Jeffrey S. Kezis performed a biopsy of the plaintiff Albert A. Cerilli’s scrotum. The sole question posed to the jury after a trial was “did Dr. Kezis perform a scalpel biopsy of Mr. Cerilli’s…