Jolly v. Russell

Mangano, P. J.,

dissents and votes to reverse the order insofar as appealed from, to deny the cross motion of the respondent Russell, and to reinstate the second cause of action asserted in the plaintiffs amended complaint insofar as it is asserted against the respondent Russell alleging lack of informed consent and any particulars relating thereto, in accordance with the following memorandum: The Supreme Court held that the plaintiff could not amend his original complaint alleging negligence and malpractice against the respondent *530Russell so as to add a new cause of action against Russell…