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ANDERSEN v. DELANEY

269 A.D.2d 193 (2000)

703 N.Y.S.2d 714

JUDITH ANDERSEN, Respondent, v. RICHARD L. DELANEY, Appellant.

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

Decided February 10, 2000.

Although defendant contends that he informed plaintiff of the risks, benefits, and alternatives of the surgery she was to undergo, plaintiff's affidavit and deposition testimony, wherein she denies that defendant provided such information, suffice to raise triable issues as to whether information necessary to the validity of her consent to the surgery was timely imparted (see, Josephson v Crane Club, 264 A.D.2d 359). Contrary to...

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