[Download] "Ann Spinosa Et Al. v. Steven L. Weinstein" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Ann Spinosa Et Al. v. Steven L. Weinstein
- Author : Supreme Court of New York
- Release Date : January 31, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Opinion OF THE COURT [1, 2, 3, 4] One of the primary issues presented on this appeal is whether the podiatrist who acted as surgical assistant in a series of operations performed on the plaintiff Ann Spinosa's feet was obligated to obtain her informed consent before participating in the procedures undertaken. For the reasons which follow, we conclude that the surgical assistant was not so obligated, and, therefore, that the Supreme Court properly granted his motion for summary judgment dismissing the complaint insofar as it is asserted against him. We further conclude that the Supreme Court properly granted those branches of the remaining defendants' joint motion which were for summary judgment dismissing the plaintiffs' claims to recover damages for assault, battery, and fraud, but find that the court should have additionally granted that branch of the motion which was for summary judgment dismissing the plaintiffs' demand for punitive damages.
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