MAGEL v. JOHN T. MATHER MEMORIAL HOSPITAL

2010-11190.

95 A.D.3d 1081 (2012)

945 N.Y.S.2d 113

2012 NY Slip Op 3813

JOSEPH F. MAGEL et al., Respondents, v. JOHN T. MATHER MEMORIAL HOSPITAL et al., Defendants, and JAMES D. SULLIVAN III et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on the cause of action asserted by the plaintiff Joseph F. Magel alleging malpractice based on lack of informed consent is denied.

In August 2004 the defendant James D. Sullivan III, who at all relevant times was affiliated with the defendant North Shore Surgical Oncology Associates...

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