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WALTER v. BETANCOURT

283 A.D.2d 223 (2001)

724 N.Y.S.2d 728

KIMBERLY WALTER et al., Respondents, v. MARIA I. BETANCOURT, M.D., Defendant, and MARIO LEITAO, M.D., et al., Appellants.

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

Decided May 10, 2001.

This is a medical malpractice action which has its genesis in an obstetrical delivery performed at defendant Beth Israel Medical Center (Beth Israel) on the morning of May 9, 1997. Plaintiff mother was in labor and at 6:45 A.M., co-defendant Dr. Maria I. Betancourt took over management of the labor from Dr. Heidi Rosenberg, a partner in her medical group. There is no dispute that Dr. Betancourt was a private attending physician who was not in the employ of the hospital.<...

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