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SALTER v. DEACONESS FAMILY MEDICINE CENTER

267 A.D.2d 976 (1999)

701 N.Y.S.2d 586

DELMETREA SALTER, Individually and as Parent and Natural Guardian of DIMITRIUS J.N. HAWKINS, an Infant, et al., Respondents, v. DEACONESS FAMILY MEDICINE CENTER et al., Appellants. (Appeal No. 2.)

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

Decided December 30, 1999.

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiffs' four-day-old son sustained second degree burns on his leg and foot when defendant Katherine Battaglia, a nurse at defendant Deaconess Family Medicine Center (Center), a department of defendant Buffalo General Hospital (Hospital), placed a heated washcloth on his heel to facilitate drawing blood from him. According to Battaglia, because the Center did not have hot running water, she wet the...

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