MUHAMMAD v. FITZPATRICK

CA 11-01764.

91 A.D.3d 1353 (2012)

937 N.Y.S.2d 519

2012 NY Slip Op 626

BELINDA MUHAMMAD, Individually and as Mother and Natural Guardian of ASALAH ABDUL-MAALIX, an Infant, Respondent, v. JOHN K. FITZPATRICK, M.D., et al., Appellants.

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

Decided January 31, 2012.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action seeking damages for injuries sustained by her infant daughter while plaintiff was giving birth to her. Defendants appeal from an order granting plaintiff's pretrial motion to preclude defendants' experts from testifying with respect to the defense theory that the injuries sustained by plaintiff's daughter were...

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