SMITH v. FERRO


86 A.D.2d 752 (1982)

George E. Smith et al., Individually and as Parents and Natural Guardians for Bradford G. Smith, an Infant, Appellants, v. Philip L. Ferro et al., Respondents

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

January 22, 1982


Order unanimously affirmed, without costs.

Memorandum:

On this appeal in this medical malpractice action plaintiffs claim that defendant hospital's motion for summary judgment should not have been granted since they have not yet engaged in any discovery to determine the extent of the hospital's involvement in a prenatal amniocentesis performed at the hospital by defendant, Dr. Philip Ferro. This surgical procedure forms the basis of the malpractice claim....

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