AIOSA v. MERCY MEDICAL CENTER


32 A.D.3d 405 (2006)

820 N.Y.S.2d 109

JENNIFER AIOSA et al., Appellants, v. MERCY MEDICAL CENTER, Defendant, and OBSTETRICAL & GYNECOLOGICAL SERVICES OF ROCKVILLE CENTRE et al., Respondents.

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

August 8, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendants Obstetrical & Gynecological Services of Rockville Centre and Elizabeth Fitzsimmons.

The plaintiff Jennifer Aiosa (hereinafter the plaintiff) allegedly injured her back and legs when, immediately after giving birth, the adjustable segmented foot of the birthing bed on which she had been placed for the delivery...

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