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DESENA v. NY UNIV. MED. CTR.

2 Misc.3d 656 (2003)

773 N.Y.S.2d 836

PHILLIP DeSENA, an Infant, by His Mother and Natural Guardian, PATRICIA DESENA, et al., Plaintiffs, v. NEW YORK UNIVERSITY MEDICAL CENTER et al., Defendants.

Supreme Court, New York County.

December 17, 2003.

Attorney(s) appearing for the Case

Bower, Sanger & Lawrence, P.C., New York City (Stacy Niditch of counsel), for New York University Medical Center and another, defendants.

Maloney & Letowsky, New York City (David Pollack of counsel), for plaintiffs.

OPINION OF THE COURT

JOAN B. CAREY, J.

Introduction

Motion by defendants New York University Medical Center and Peter Zakow, M.D., for summary judgment dismissing the complaint insofar as asserted against them.

Facts and Procedural Posture

The injured plaintiff Phillip DeSena, an infant born with a severe congenital heart defect, was referred by a pediatric cardiologist to defendant...

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