Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff Salvatore Piro (hereinafter the plaintiff) consulted the defendant Dr. Jerzy Macura (hereinafter the defendant) in May 2003 in order to be evaluated for weight loss surgery and for treatment of an umbilical hernia. The defendant recommended that the plaintiff undergo a laparoscopic banding (hereinafter lap band) procedure in order to deal with his obesity and that his umbilical...
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