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MARTINEZ v. LA PORTA

50 A.D.3d 976 (2008)

857 N.Y.S.2d 193

DANASIA MARTINEZ et al., Respondents, v. CHRISTOPHER G. LA PORTA et al., Defendants, and STATEN ISLAND UNIVERSITY HOSPITAL, Appellant.

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

Decided April 22, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Staten Island University Hospital for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiffs claim that the infant plaintiff suffered a neurological injury known as Erb's palsy during her birth as a result of the defendants' negligence. The infant was delivered by a private attending physician, the defendant Dr. Christopher

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