RIVERA v. ST. VINCENT'S HOSPITAL

0101900/2004 Motion Seq. No. 002

2008 NY Slip Op 32159 (U)

KASSANDRA RIVERA, an Infant by her Mother and Natural Guardian, SANDRA MENDEZ, and SANDRA MENDEZ, Individually, Plaintiffs, v. ST. VINCENT'S HOSPITAL, Defendant.

Supreme Court of the State of New York, New York County.

July 31, 2008


JOAN B. LOBIS J.S.C.:

Defendant St. Vincent's Hospital (hereinafter "St. Vincent's") moves for summary judgment pursuant to C.P.L.R. Rule 3212 in favor of defendant on the ground that there are no material issues of fact to support plaintiffs' claim of obstetrical mismanagement.

This is an action for medical malpractice which arises from the birth of infant-plaintiff Kassandra Rivera, who suffers from neurological impairment, mental retardation and cerebral...

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