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DECINTIO v. LAWRENCE HOSPITAL

55 A.D.3d 407 (2008)

866 N.Y.S.2d 45

ANTHONY J. DECINTIO, Individually and as Administrator of the Estate of MARIE DECINTIO, et al., Appellants, v. LAWRENCE HOSPITAL et al., Defendants, and RICHARD DELUCA, M.D., et al., Respondents.

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

October 21, 2008.

Plaintiffs' expert's conclusory affidavit in response to defendants' prima facie showing of entitlement to summary judgment failed to raise a triable issue of fact as to whether decedent was treated by defendants without informed consent (see Public Health Law § 2805-d [1], [3]; Aharonowicz v Huntington Hosp., 22 A.D.3d 615 [2005]). The affidavit offered no particulars as to...

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