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CALLISTRO v. BEBBINGTON

No. 242 SSM 46

20 N.Y.3d 945 (2012)

982 N.E.2d 81

958 N.Y.S.2d 319

2012 NY Slip Op 8444

MUSA CALLISTRO, an Infant, by His Mother and Natural Guardian, JESSICA RIVERA, Appellant, v. MICHAEL W. BEBBINGTON, M.D., et al., Respondents.

Court of Appeals of New York.

Decided December 11, 2012.

Attorney(s) appearing for the Case

Law Offices of Fitzgerald & Fitzgerald, P.C., Yonkers ( John M. Daly of counsel), for appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York City ( Daniel S. Ratner of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered on the ground that it is unnecessary. Plaintiff failed to raise a triable issue of fact concerning whether defendants' alleged malpractice in failing to perform a caesarean section rather than a vaginal delivery was the cause of the child's alleged cognitive, receptive, and...

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