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FERREIRA v. WYCKOFF HEIGHTS MEDICAL CENTER

2009-08834.

81 A.D.3d 587 (2011)

915 N.Y.S.2d 631

LUCIA FERREIRA, Individually and as Administratrix of the Estate of BABY GIRL FERREIRA, Deceased, Respondent, et al., Plaintiff, v. WYCKOFF HEIGHTS MEDICAL CENTER, Defendant/ Third-Party Plaintiff-Appellant, et al., Defendants. IRVING SPODEK, M.D., Third-Party Defendant-Respondent.

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

Decided February 1, 2011.

Ordered that the order dated May 22, 2009, is affirmed insofar as appealed from, with one bill of costs.

The defendant/third-party plaintiff, Wyckoff Heights Medical Center (hereinafter WHMC), contends that the jury's finding that the plaintiff, Lucia Ferreira, was negligent was inconsistent with the jury's finding that the plaintiff's negligence was not a substantial factor in bringing about the premature delivery and death...

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