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COX v. HERZOG

2018-06117. Index No. 103176/12.

192 A.D.3d 757 (2021)

139 N.Y.S.3d 881

2021 NY Slip Op 01389

Barbara Cox et al., Respondents, v. David M. Herzog et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 10, 2021.

Attorney(s) appearing for the Case

Belair & Evans LLP, New York, NY ( Elan J. Schefflein of counsel), for appellants.

Rivera, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff Barbara Cox (hereinafter the plaintiff), and her husband suing derivatively, commenced this action against, among others, her gynecologist David M. Herzog and his medical practice (hereinafter collectively the defendants), alleging medical malpractice and lack of informed consent in connection with a June 12, 2009 Essure sterilization procedure Herzog performed on the plaintiff. Three...

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