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FONDA v. WAPNER

9289, 109244/09.

103 A.D.3d 510 (2013)

959 N.Y.S.2d 429

2013 NY Slip Op 1039

YVETTE FONDA, Individually and as Mother and Natural Guardian of LEVI FONDA, et al., Respondents, v. RONALD J. WAPNER, M.D., et al., Appellants.

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

February 19, 2013.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 15, 2012, which, in this medical malpractice action seeking damages for wrongful birth, denied defendants' motion to dismiss the complaint on forum non conveniens grounds and declared that Colorado law should be applied at trial, unanimously affirmed, without costs.

Prior Case History: 2012 NY Slip Op 30361(U).

Defendants failed to meet their burden of establishing that New York...

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