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MOORE v. NEW YORK MEDICAL GROUP, P.C.

44 A.D.3d 393 (2007)

843 N.Y.S.2d 225

DEVON MOORE, an Infant, by His Mother and Natural Guardian, GINA TOWNSEND, Respondent, v. NEW YORK MEDICAL GROUP, P.C., et al., Defendants, and NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Appellant.

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

Decided October 9, 2007.

At approximately 11:00 P.M. on April 16, 1993, plaintiff's mother brought the then three-week-old plaintiff to the emergency room of Jacobi Medical Center (Jacobi), a facility operated by HHC. A triage nurse spoke with plaintiff's mother and evaluated plaintiff. The nurse noted: "Complained of not taking bottle times five hours ago. Feeding well with good suck at triage... crying a lot, as per mom, no vomiting or diarrhea, denied fever. Right testicle swollen, cries every...

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