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MUCHLER v. PENWARDEN

Appellate Division of the Supreme Court of New York, Fourth Department.
Sep 30, 1994

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion to dismiss the second cause of action. The allegation that defendant failed to inform plaintiff of the risks associated with the use of the prescribed medications Thorazine and Sinemet could support plaintiff's right to recover for medical malpractice based on a lack of informed consent (see, Public Health Law ยง 2805-d; Marchione v State of New York, 194 A.D.2d 851; Dooley v. Skodnek, 138 A.D.2d 102).