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MENDEZ v. NEW YORK & PRESBYT.

350722/09.

34 Misc.3d 735 (2011)

934 N.Y.S.2d 662

2011 NY Slip Op 21407

MILES MENDEZ, an Infant by His Mother and Natural Guardian MELINA MENDEZ, et al., Plaintiffs, v. NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant.

Supreme Court, Bronx County.

Decided November 14, 2011.

Attorney(s) appearing for the Case

Fitzgerald & Fitzgerald ( John Fitzgerald of counsel), for plaintiffs.

Martin Clearwater & Bell ( John Lyddane of counsel), for defendant.

OPINION OF THE COURT

DOUGLAS E. McKEON, J.

The above-entitled obstetrical medical malpractice action, brought on behalf of Miles Mendez (the infant) by his mother Melina Mendez, was settled before the undersigned for $5,500,000 and an infant's compromise order was recently executed. This decision discusses the court's application of the New York State Medical Indemnity Fund (the Fund, the statute) and the method by which the settlement was allocated.

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