FIAKPOEY v. MIDDLESWORTH

2013-04279, Index No. 13858/10.

118 A.D.3d 743 (2014)

987 N.Y.S.2d 201

2014 NY Slip Op 4166

ATTA FIAKPOEY, Respondent, v. WILLIAM MIDDLESWORTH, Appellant, et al., Defendant.

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

Decided June 11, 2014.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon renewal, the order entered June 13, 2012, is vacated, and that branch of the defendant's motion which was for summary judgment dismissing the complaint insofar as asserted against him is granted.

In the weeks following the infant plaintiff's premature birth, he received treatment at Our Lady Of Mercy Medical Center (hereinafter OLOM) for various conditions including necrotizing...

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