MATTER OF HENDERSHOT v. WESTCHESTER MEDICAL CENTER


8 A.D.3d 381 (2004)

777 N.Y.S.2d 743

In the Matter of JORDAN M. HENDERSHOT et al., Appellants, v. WESTCHESTER MEDICAL CENTER, Respondent.

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

June 7, 2004.


Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the petition is granted, and the proposed notice of claim is deemed served.

In October 2002, while hospitalized at the respondent, Westchester Medical Center (hereinafter WMC), the petitioner Tina Conklin, who was then 41 weeks pregnant, suffered a ruptured uterus. She delivered the infant petitioner, Jordan Matthew Hendershot, who suffered...

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