Sollazzo v. Edelman

— In a medical malpractice action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Monteleone, J.), dated March 27, 1986, as, upon granting his motion to strike an item of the plaintiffs’ bill of particulars, found that he had waived the defenses found in Public Health Law § 2805-d (4) by failing to include them in his answer.

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

In this medical malpractice action, the plaintiffs asserted a claim of lack of informed consent. The defendant’s…