A cosmetic surgeon whose medical license was revoked because of negligence and incompetence was sued yesterday by the state attorney general for allegedly defrauding patients who paid him but received no treatment.

Dr. David Haim Ostad, who had offices in Manhattan, Staten Island, and Long Island, accepted tens of thousands of dollars in prepayments for cosmetic surgery but failed to do the procedures after his license was revoked and did not return patients' money, according to papers filed in Manhattan's state Supreme Court by the state attorney general, Eliot Spitzer. At least nine patients paid for unperformed procedures, court papers said.

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