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JOSWICK v. LENOX HILL HOSP.

134 Misc.2d 295 (1986)

Donna Joswick, an Infant, by Her Parent and Natural Guardian, Albert Joswick, et al., Plaintiffs, v. Lenox Hill Hospital et al., Defendants.

Supreme Court, New York County.

December 16, 1986

Attorney(s) appearing for the Case

Dwyer Peltz & Walker for Cesare E. Cucci, defendant. Schiavetti, Begos & Nicholson for Eugene Wallsh and another, defendants. Martin Clearwater & Bell for Ervin E. Lepko, defendant. Ackwick & McNenney for Lenox Hill Hospital, defendant. Fuchsberg & Fuchsberg for plaintiffs.

HELEN E. FREEDMAN, J.

In this medical malpractice action, defendants move for partial summary judgment, under CPLR 3212, dismissing the cause of action for lack of informed consent.

The movants claim that no such cause of action could possibly lie where the parents of an infant plaintiff consent to surgery after having been correctly informed that the surgery was essential for the child to survive....

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