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MORETA v. NEW YORK CITY HEALTH & HOSPS. CORP.

238 A.D.2d 149 (1997)

655 N.Y.S.2d 517

Frank Moreta, Also Known as Frank Pichardo, an Infant, by His Mother and Natural Guardian, Janet Moreta, Also Known as Janet Pichardo, Respondent, v. New York City Health and Hospitals Corporation et al., Appellants

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

April 8, 1997

Since defendants owed a duty of care to the infant plaintiff at the time of the alleged act of malpractice (see, LaBello v Albany Med. Ctr. Hosp., 85 N.Y.2d 701, 704) — discontinuance of the mother's medication for tuberculosis while pregnant with plaintiff — and given the expert testimony that infants exposed to parents with tuberculosis during the first year of life face a 50% chance of contracting the disease...

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