November 4, 1993
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
The allegation that the physician performed the laminectomy at a level of the thoracic spine different from that consented to by the patient sets forth a cause of action for medical malpractice, not one for battery.
Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.
Full title:CELESTA MORICKY et al., Appellants, v. BETH ISRAEL MEDICAL CENTER et al.…
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Nov 4, 1993
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