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RUTH SOFAIR v. LEVIN-EPSTEIN
Appellate Division of the Supreme Court of New York, Second Department.
Sep 30, 1996
Ordered that the judgment is affirmed, with costs.
Viewing the evidence in a light most favorable to the plaintiff, and according her the benefit of every reasonable inference ( see, Negri v Stop Shop, 65 NY2d 625, 626), the jury verdict finding lack of informed consent was supported by sufficient evidence ( see, Public Health Law ยง 2805-d, [3]; CPLR 4401-a). The plaintiff adduced sufficient expert testimony regarding the inadequacy of the defendant's warnings regarding the inherent risks of the surgery ( cf., Gonzalez v Moscarella, 142 AD2d 550).
The defendant's remaining contentions are without merit.
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