Ordered that the appeal from the order dated May 1, 1996, is dismissed, as that order was superseded by the order dated October 11, 1996, made upon renewal and reargument; and it is further,
Ordered that the order dated October 11, 1996, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The defendants have failed to establish as a matter of law that a reasonably prudent person in the plaintiff's position would not have declined to undergo the procedure in question here if he or she had been fully informed ( see, Public Health Law § 2805-d), or that the defendants' negligence did not create the condition complained of. Thus, the defendants are not entitled to summary judgment regardless of the adequacy of the plaintiff's opposing papers ( see, Winegrad v. New York Univ. Ctr., 64 N.Y.2d 851; Porter v. Huntington Hosp., 148 A.D.2d 510, 511).
Miller, J.P., Pizzuto, Joy and Krausman, JJ., concur.