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THALER v. VARLOTTA

Index No. 805366/15. Appeal No. 13798. Case No. 2020-04735.

194 A.D.3d 504 (2021)

143 N.Y.S.3d 545

2021 NY Slip Op 03009

Steven Thaler et al., Appellants, v. Gerard P. Varlotta, D.O., et al., Respondents.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Law Office of Paul A. Hayt, New York ( Paul A. Hayt of counsel), for appellants.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner of counsel), for respondents.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

Defendants made a prima face showing of their entitlement to summary judgment, through the opinion of their medical expert, that the facet joint injections and the dosage of corticosteroid were given in accordance with the applicable standard of care (see Anyie B. v Bronx Lebanon Hosp., 128 A.D.3d 1, 3 [1st Dept 2015]). Defendants also submitted evidence demonstrating that plaintiff consented to the procedure after proper disclosure...

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