Messina v. Matarasso
No. 4030 (N.Y. App. Div. July 12, 2001)

A woman who underwent cosmetic facial surgery brought this suit against her surgeon when, without her consent, the surgeon told her that he also performed "closed capsulotomies" on both of her breasts. The New York Supreme Court, Appellate Division, First Department, heard this case on the issue of whether the woman's action, which sought damages for the physician's negligent performance of the breast surgery without her consent, was subject to a one-year statute of limitations based on a "battery" or a two and one half year statute of limitations based on "medical malpractice." The court held the surgeon's action was intentional because "he performed a procedure on her with no consent at all" and thus the action sounded in battery. The court applied the one-year statute of limitations and dismissed the suit.