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SCALISI v. OBERLANDER

5988, 5989, 25110/01, 5990.

96 A.D.3d 106 (2012)

943 N.Y.S.2d 23

2012 NY Slip Op 2958

STEPHANIE SCALISI, an Infant, by Her Mother and Natural Guardian, MARIA SCALISI, et al., Appellants-Respondents, v. MARTIN OBERLANDER et al., Respondents, and EUGENE SIDOTI, SR., M.D., Respondent-Appellant.

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

April 19, 2012.

Attorney(s) appearing for the Case

Kramer, Dillof, Livingston & Moore, New York City ( Matthew Gaier , Thomas A. Moore and Norman Bard of counsel), for appellants-respondents.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York City ( Samantha E. Quinn of counsel), for respondent-appellant and Lenore S. Katkin, M.D. and Marian Lombardi, respondents.

Martin Clearwater & Bell LLP, New York City ( Barbara D. Goldberg and Sean F.X. Dugan of counsel), for Martin Oberlander, Monica Oberlander, Joshua L. Waldman, M.D., Jordan J. Hirsch, M.D., Kay D. Anderson, M.D. and Samuel G. Oberlander, M.D. & Jordan Hirsch, M.D., L.L.P., respondents.

Edward J. Guardaro, Jr. , White Plains, and Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, White Plains, for the Jack D. Weiler Hospital of the Albert Einstein College of Medicine, respondent.

SWEENY, J.P., DEGRASSE and ROMÁN, JJ., concur.

OPINION OF THE COURT

MANZANET-DANIELS, J.

In December 1997, plaintiff mother, age 27 and pregnant with her first child, came under the care of defendant Dr. Samuel G. Oberlander and his obstetrical group. On August 18, 1998, four days past her due date, plaintiff mother called the obstetric practice, concerned with a perceived decrease in fetal movement. She was instructed to go to the hospital, where she underwent several tests, the results of which were...

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