Gershberg v. Wood-Smith

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered January 4, 2000, which, inter alia, granted defendant’s motion for a directed verdict, unanimously affirmed, without costs. Appeal from judgment, same court and Justice, entered June 22, 1999, upon a jury verdict, in defendant’s favor, unanimously dismissed, without costs, as superseded by the appeal from the order of January 4, 2000 granting defendant’s motion for a directed verdict.

In this medical malpractice action predicated upon lack of informed consent, plaintiffs expert, a neurologist, testified that it was a…