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HEIDT v. ROME MEMORIAL HOSPITAL

278 A.D.2d 786 (2000)

724 N.Y.S.2d 139

JAMES K. HEIDT, as Guardian Ad Litem of SETH KELLY, an Infant, Respondent, v. ROME MEMORIAL HOSPITAL et al., Appellants, et al., Defendants.

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

Decided December 27, 2000.

Order affirmed without costs.

Memorandum:

Supreme Court properly denied in part the motions and cross motion of all defendants except Rory Tropp, M.D. (defendants) seeking summary judgment dismissing the complaint. There are issues of fact concerning the alleged negligence of defendants in their failure to diagnose the infant and to provide appropriate treatment. "Battered child syndrome" is an accepted medical diagnosis (see, People v Henson,

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