Agnese v. Cattani

—In an action, inter alia, to recover damages for medical malpractice, etc., the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (R. Goldberg, J.), dated July 30, 2001, as denied his motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was for summary judgment dismissing the cause of action sounding in lack of informed consent and substituting therefor *516a provision granting that branch of the motion; as so modified,…