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ELLENBERGER v. PENA

88 A.D.2d 373 (1982)

Edwin Ellenberger, as Administrator of The Estate of Kimberly Ellenberger, Deceased, Appellant, v. Jose Pena et al., Respondents, et al., Defendants

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

August 16, 1982

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Norman E. Frowley, Abraham Fuchsberg and Bernard Turkewitz of counsel), for appellant.

Anthony L. Schiavetti (Norman Bard, Sandra Krevitsky and Anthony Soscia of counsel), for Jose Pena, respondent.

Morris, Duffy, Ivone & Jensen (Patricia D'Alvia of counsel), for Booth Memorial Hospital, respondent.

GIBBONS, THOMPSON and BRACKEN, JJ., concur.

LAZER, J. P.

The plaintiff in this case claims that his infant daughter's brain damage at birth and her death less than a year later were caused by the negligence of Booth Memorial Hospital and the mother's obstetrician, Dr. Jose Pena, during the course of the mother's labor and the delivery of the child. At the trial, plaintiff's expert witness testified that Dr. Pena's departures from accepted medical practice...

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