Kashkin v. Mount Sinai Medical Center

OPINION OF THE COURT

Ira Gammerman, J.

Defendant Henry D. Janowitz moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint as against him. This is an action to recover for injuries allegedly sustained by Arlene J. Kashkin as a result of the performance of a diagnostic procedure. The complaint alleges both lack of informed consent and negligence.

*864FACTUAL BACKGROUND

Prior to November 21, 1980, plaintiff Arlene Kashkin was referred to defendant Janowitz, a noted gastroenterologist, by her family physician. Dr. Janowitz diagnosed her condition as recurrent attacks of acute…