SANTOS v. ROSING


60 A.D.3d 500 (2009)

875 N.Y.S.2d 59

ZARAIZ SANTOS et al., Respondents, v. MARK A. ROSING, M.D., et al., Defendants, and FRANK ALLEN, M.D., Appellant.

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

Decided March 17, 2009.


The court correctly found, upon reargument of defendant's motion for summary judgment, that the evidence submitted by plaintiffs raised an issue of fact that precluded summary judgment. The motion was based on defendant's factual contention that he never provided any prenatal treatment to plaintiff mother and was never consulted by any of the medical personnel who rendered care and treatment to her during her prenatal visits or during her labor and delivery. However, a certified...

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