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WOZNY v. TIMSON

2020-00213. Index No. 1818/10.

204 A.D.3d 867 (2022)

164 N.Y.S.3d 496

2022 NY Slip Op 02452

Matthew Wozny et al., Appellants, v. Charles R. Timson, Defendant, and Liat Jarkon-Horlick et al., Respondent.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Kujawski & Kujawski, Deer Park, NY ( Mark C. Kujawski of counsel), for appellants.

Fumuso, Kelly, Swart, Farrell, Polin & Christensen, LLP, Hauppauge, NY ( Scott G. Christensen of counsel), for respondent.

Dillon, J.P., Duffy, Brathwaite Nelson and Roman, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

On or about January 12, 2010, the plaintiffs commenced this action, inter alia, to recover damages for medical malpractice and lack of informed consent. In the complaint, the plaintiffs alleged, with regard to the cause of action alleging lack of informed consent, among other things, that the defendants failed to warn the plaintiff Matthew Wozny (hereinafter...

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