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BAKER v. BRONX LEBANON HOSP.

53 A.D.3d 21 (2008)

859 N.Y.S.2d 35

TARA BAKER, Appellant, v. BRONX LEBANON HOSPITAL CENTER et al., Respondents.

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

May 20, 2008.

Attorney(s) appearing for the Case

Wallace & Associates, P.C., White Plains (Larry Wallace of counsel), for appellant.

Shaub, Ahmuty, Citrin & Spratt, LLP, New York City (David Kaplan, Christopher Simone and Deirdre E. Tracey of counsel), for Bronx Lebanon Hospital Center, respondent.

Kanterman, O'Leary & Soscia, LLP, New York City (Kenneth A. Laub of counsel), for Larry Ham, M.D., and others, respondents.

LIPPMAN, P.J., ANDRIAS, WILLIAMS and McGUIRE, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.

On February 6, 2002, three days after she gave birth to her third child in defendant hospital, Trina Baker died intestate, leaving three infant children, Anthony, Damien, and the newborn Katrina, as her sole distributees. As pertinent to this appeal, plaintiff, who is the decedent's sister, was appointed by the Bronx County Family Court as the guardian of Katrina's person on April...

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