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STATHIS v. MERCY MEDICAL CENTER

287 A.D.2d 614 (2001)

732 N.Y.S.2d 31

EILEEN STATHIS, Individually and as Mother and Natural Guardian of DANIELLE STATHIS, an Infant, Appellant, v. MERCY MEDICAL CENTER, Sued Herein as MERCY HOSPITAL, Appellant, and VIRGINIA GARRISON, Sued Herein as "NURSE" GARRISON, Respondent.

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

Decided October 22, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint and cross claims are reinstated insofar as asserted against the respondent.

The plaintiff, Eileen Stathis, gave birth to Danielle Stathis (hereinafter the infant) at the defendant Mercy Medical Center, s/h/a Mercy Hospital (hereinafter Mercy). Several hours after the infant's birth, the defendant...

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