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Decintio v. Lawrence Hosp

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2008
55 A.D.3d 407 (N.Y. App. Div. 2008)

Opinion

No. 4327.

October 21, 2008.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered December 8, 2006, granting the motion of defendants DeLuca, Albin and Klapper for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.

Anthony J. DeCintio, Tuckahoe, appellant pro se and for appellants.

Bower Lawrence, P.C., New York (Carol S. Blatt of counsel), for respondents.

Before: Tom, J.P., Gonzalez, Williams, Moskowitz and Freedman, JJ.


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, [3]; Aharonowicz v Huntington Hosp., 22 AD3d 615). The affidavit offered no particulars as to how the failure to inform decedent's health care representative of alleged instances of anaphylactic shock or ventricular fibrillation might have impacted on decedent's medical treatment and proximately caused her injury ( see DeCintio v Lawrence Hosp., 33 AD3d 329).


Summaries of

Decintio v. Lawrence Hosp

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2008
55 A.D.3d 407 (N.Y. App. Div. 2008)
Case details for

Decintio v. Lawrence Hosp

Case Details

Full title:ANTHONY J. DECINTIO, Individually and as Administrator of the Estate of…

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

Date published: Oct 21, 2008

Citations

55 A.D.3d 407 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 7967
866 N.Y.S.2d 45

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