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TART v. NEW YORK BRONX PEDIATRIC MEDICINE, P.C.

12180-301311/07, 12181

116 A.D.3d 515 (2014)

984 N.Y.S.2d 19

2014 NY Slip Op 2522

ZALAYA TART, an Infant, by Her Mother and Natural Guardian, KIA BYNOE, et al., Respondents, v. NEW YORK BRONX PEDIATRIC MEDICINE, P.C., et al., Appellants, et al., Defendants.

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

Decided April 10, 2014.

The jury's finding that nonparty Dr. Chowdhury deviated from the accepted standard of care in treating the infant plaintiff was supported by sufficient evidence and was not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 499 [1978]). The trial evidence included expert testimony that Dr. Chowdhury should have removed the arterial line placed in the infant's right wrist immediately upon being informed...

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