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MENDEZ v. BHATTACHARYA

15 Misc.3d 974 (2007)

838 N.Y.S.2d 378

ROSA MARIE MENDEZ, Individually and as Administratrix of the Estate of CAYLA MARIE WALTERS, Deceased, Plaintiff, v. SHISHIR BHATTACHARYA, M.D., et al., Defendants.

Supreme Court, Bronx County.

March 30, 2007.

Attorney(s) appearing for the Case

Ellenberg & Rigby, LLP, for Shishir Bhattacharya, M.D., defendant.

Martin Clearwater & Bell, LLP, for St.

John's Riverside Hospital, defendant.

Tomkiel & Tomkiel (Stanley A. Tomkiel, III of counsel), for plaintiff.

OPINION OF THE COURT

DIANNE T. RENWICK, J.

This action stems from the alleged medical malpractice of Dr. Shishir Bhattacharya and St. John's Riverside Hospital during the prenatal care of plaintiff mother and the delivery of plaintiff infant, who was pronounced dead shortly after delivery. Defendant doctor and defendant hospital now move for summary judgment dismissing the respective claims asserted against them. Plaintiff cross-moves for a court order,...

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