Monaco v. New York University Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Ira Gammerman, J.), entered on or about May 17, 1994 which, sua sponte, deemed the complaint amended to allege a cause of action in fraud, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the complaint is dismissed.
Plaintiff Elisabeth Monaco was admitted to defendant hospital on May 26, 1982 and on May 30, 1982 underwent coronary bypass surgery, during which procedure she was administered 29 units of blood. Prior to the operation, plaintiff signed a consent form dated May 28, 1982 pursuant to which she…
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