Kowalski v. Yiannou

Asch and Rubin, JJ., dissent in a memorandum by Asch, J., as follows:

The plaintiff sought treatment for genital warts from the defendant doctor. He alleged and testified that on two occasions when he was treated for these warts the doctor spilled hydrochloric acid onto his groin area and inner thighs, resulting in severe burns and concomitant physical and psychological injuries.

Mr. Kowalski testified that on May 28, 1986, while he was *171in a supine position with his legs apart on the examination table, the defendant filled a vial, seven to nine inches long and with the thickness of the size of…