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ETKIN v. MARCUS

74 A.D.2d 633 (1980)

Carol Etkin, as Administratrix of The Estate of Alex H. Etkin, Deceased, Appellant, v. Herbert R. Marcus, Respondent, et al., Defendants

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

February 25, 1980

Order affirmed, without costs or disbursements.

The motion was properly denied because the proposed amendment is patently insufficient to set forth a cause of action for lack of informed consent. (See Molino v County of Putnam, 30 A.D.2d 929.) This is not a case where the wrong complained of, with respect to the defendant Marcus, arises from some affirmative violation of the plaintiff's intestate's physical integrity. (See...

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