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PEOPLE v. SMITHTOWN GEN HOSP

93 Misc.2d 736 (1978)

The People of the State of New York, Plaintiff, v. Smithtown General Hospital, Lorna Salzarullo, David Lipton, Harold Massoff and Mary Chiu, Defendants.

Supreme Court, Criminal Term, Suffolk County.

February 10, 1978

Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Angelo Cometa of counsel), and Scheyer, Jellenik & Attonito (Stephen R. Jellenik of counsel), for David Lipton, defendant. Lawrence S. Goldman for Lorna Salzarullo, defendant. Gregory J. Perrin for Harold Massoff, defendant. James M. La Rossa and John Mitchell for Smithtown General Hospital, defendant. Jay Gold for Mary Chiu, defendant. Patrick Henry, District Attorney (Salvatore A. Alamia of counsel), for plaintiff.

JOSEPH JASPAN, J.

The individual defendants are health care professionals — two orthopedic surgeons, an anesthesiologist and a registered nurse. It is alleged that on July 3, 1975 they permitted a salesman of prosthetic devices to participate in a meaningful way in a surgical procedure then being performed at Smithtown General Hospital, without the consent or knowledge of the patient.

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