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ZEOLI v. JACOBOWITZ

Index No. 156102/17. Appeal No. 14108. Case No. 2020-03904.

195 A.D.3d 547 (2021)

145 N.Y.S.3d 806

2021 NY Slip Op 04004

Anthony Zeoli et al., Appellants, v. Ofer Jacobowitz, M.D., et al., Respondents.

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

Decided June 22, 2021.

Attorney(s) appearing for the Case

Shearer PC, Locust Valley ( Douglas Shearer of counsel), for appellants.

Martin Clearwater & Bell LLP, New York ( Barbara D. Goldberg of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Mendez, JJ.

Defendants made a prima facie showing of informed consent by submitting deposition testimony and medical records establishing that they informed plaintiff Anthony Zeoli of the reasonably foreseeable risks associated with the procedures, and that plaintiff signed a written consent form indicating his understanding of those risks (see Public Health Law § 2805-d[1]; Lynn G. v Hugo, 96 N.Y.2d 306 [2001]; Matter of Colletti...

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