Legal Opinion

Rodriguez v. Epstein

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1997Published

1Opinion of the Court

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered June 7, 1996, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The action, which is based on plaintiff’s lack of informed consent to an abortion performed by defendant, was properly *203dismissed on the ground that Public Health Law § 2805-d does not require physicians to refer patients to counseling on alternatives to abortion or to provide such counseling to patients seeking elective abortions (see, Perez v Park Madison Professional Labs., 212…

2Cases cited2 opinions

  1. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  2. Perez v. Park Madison Professional Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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