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2d Dept accident Appellate Division applied arbitration attorney automobile award cause of action Charles C Thomas child chiropractic claim claimant contraceptives contributory negligence Correct counsel County Court held Court of Appeals CPLR damages death defendant defendant's Dep't discount doctor drug duty effect expert fact federal fees hospital hydroplaning infant informed consent involved issue judges judgment Justice Lake County limited litigation loss manufacturer medical malpractice ment Misc Nassau Nassau County neurosurgeon no-fault operation patient personal injury physician Pitocin plaintiff practice problem procedure products liability question reasonable recovery res ipsa loquitur result risk rule Second Department Seider standard statute strict liability supra Supreme Court surgery testimony tice tion tort tortfeasor trespasser trial law TRIAL LAWYERS ASSOCIATION vehicle verdict voir dire voter warranty York State Trial