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PEREZ v. PARK MADISON LABS.

212 A.D.2d 271 (1995)

630 N.Y.S.2d 37

Sandra Perez, Respondent, v. Park Madison Professional Laboratories, Inc., Doing Business as Eastern Women's Center, Defendant, and Ing Yann Jeng, Appellant

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

July 20, 1995

Attorney(s) appearing for the Case

Michael J. Noonan of counsel (Fitzgerald & Fitzgerald, attorneys), for respondent.

Geoffrey R. Kaiser of counsel (Marvin Wexler, Mark Platt and Emily Rosdeitcher with him on the brief; Kornstein Veisz & Wexler, attorneys), for appellant.

SULLIVAN, J. P., KUPFERMAN and WILLIAMS, JJ., concur.

ELLERIN, J.

The issue before us on this appeal is whether defendants failed to obtain plaintiff's informed consent before undertaking to perform the abortion procedure which is the basis of her underlying malpractice action.

On March 1, 1989, the 24-year-old unwed plaintiff, then 17 weeks' pregnant, consulted a gynecologist about options for terminating her pregnancy. The doctor referred her to Planned...

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