SPANO v. BERTOCCI


22 A.D.3d 828 (2005)

803 N.Y.S.2d 702

ANDREA SPANO et al., Appellants, v. BALDO BERTOCCI, Defendant, and ESTHER BALDINGER, Respondent.

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

October 31, 2005.


Ordered that the amended judgment is reversed insofar as appealed from, on the law, the causes of action alleging medical malpractice insofar as asserted against the defendant Esther Baldinger are reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial on those causes of action, with costs to abide the event.

The plaintiff Andrea Spano (hereinafter the plaintiff mother) suffers from epilepsy. Prior to and during her pregnancy with...

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