Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.
The complaint asserts that the plaintiff Albert A. Cerilli, Jr., was subjected to a medical procedure "without his consent." The plaintiffs contend that the defendant doctor "was saying he wanted to do a biopsy" and the injured plaintiff replied "I don't want it." The defendant doctor proceeded to perform the biopsy.
Since...
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