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RIVERA v. KLEINMAN

No. 4.

16 N.Y.3d 757 (2011)

GRETCHEN RIVERA, an Infant by Her Mother and Natural Guardian, MARIA RIVERA, et al., Appellants, v. PAUL G. KLEINMAN, M.D., et al., Respondents.

Court of Appeals of New York.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Pagan Law Firm, P.C., New York City ( Tania M. Pagan of counsel), for appellants.

McAloon & Friedman, P.C., New York City ( Gina B. Di Folco of counsel), for Paul G. Kleinman, M.D. and another, respondents.

Garbarini & Scher, P.C., New York City ( William D. Buckley of counsel), for St. Barnabas Hospital and others, respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Infant plaintiff was born in October 1995 with cerebral palsy and spastic quadriplegia. In March 2003, defendant doctor operated on the infant's right and left hips, which had both dislocated as a consequence of her maladies. These surgeries, performed two weeks apart, entailed cutting and repositioning the bones that join at the hip and fixing them...

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