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GOLD v. UNITED HEALTH SERVS.

261 A.D.2d 67 (1999)

701 N.Y.S.2d 123

ABRAHAM GOLD, an Infant, by KATHLEEN A. GOLD, His Mother and Guardian, et al., Appellants, v. UNITED HEALTH SERVICES HOSPITALS, INC., Doing Business as CHARLES S. WILSON MEMORIAL HOSPITAL, et al., Defendants. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES et al., Respondents.

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

December 9, 1999.

Attorney(s) appearing for the Case

Gair, Gair, Conason, Steigman & Mackauf, New York City (Rhonda E. Kay of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure of counsel), for New York State Office of Mental Retardation and Developmental Disabilities, respondent.

Howard Schultz, Binghamton, for Broome County Department of Social Services, respondent.

MERCURE, J. P., PETERS, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

GRAFFEO, J.

Plaintiff Kathleen A. Gold commenced this medical malpractice action, individually and on behalf of her son, Abraham J. Gold (hereinafter the infant), against defendants for neurological injuries sustained by the infant at the time of his birth in 1992. The infant, who suffers from spastic quadriplegic cerebral palsy, was admitted to Broome County Developmental Center on June 1, 1994 and has remained as a 24-hour residential...

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