Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06091
Conde-Rosado v Young Don Oh
Read the official decision: 2026 NY Slip Op 06091
Holding The court affirmed the summary judgment dismissing the medical malpractice claim but reversed the dismissal of the lack of informed consent claim. The defendants failed to establish their prima facie entitlement to judgment on informed consent because the plaintiff’s testimony contradicted the expert’s assertion that risks were discussed.
The court’s words
The mere fact that the plaintiff signed a consent form does not establish the defendants' prima facie entitlement to judgment as a matter of law
2026 NY Slip Op 06091, at the official text
Oh neither discussed the risks associated with total hip replacement surgery with her nor advised her of any other treatment options
2026 NY Slip Op 06091, at the official text
the defendants failed to eliminate triable issues of fact on the issue of informed consent
2026 NY Slip Op 06091, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06091 |
| Area of law | Medical Malpractice |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06091 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1356 |
Recommended citation
ESQ HQ, New York Law Watch, Conde-Rosado v Young Don Oh, 2026 NY Slip Op 06091 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06091/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works