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SANDMANN v. SHAPIRO

2007-07588.

2008 NY Slip Op 06200

SAMANTHA SANDMANN, ETC., respondent, v. EVAN SHAPIRO, ETC., ET AL., appellants.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Ivone, Devine & Jensen, LLP, Lake Success, N.Y. (Brian E. Lee of counsel), for appellants.

Fitzgerald & Fitzgerald, P.C., Yonkers, N.Y. (John E. Fitzgerald, John M. Daly, Eugene S.R. Pagano, and Mitchell L. Gittin of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., EDWARD D. CARNI, WILLIAM E. McCARTHY, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleged that the defendants departed from accepted practice by failing to admit her mother, Nanette Sandmann, for monitoring when she first reported to the hospital and by failing to perform a cesarean delivery, and that these departures caused the plaintiff's brain hemorrhage and other injuries.

"[O]n a motion for summary judgment, a defendant...

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