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SANCHEZ v. MASTER

23295/14.

61 Misc.3d 246 (2018)

82 N.Y.S.3d 836

2018 NY Slip Op 28247

MARY SANCHEZ, Individually and as Mother and Natural Guardian of J.S., an Infant, Plaintiff, v. MUMTAZ MASTER, MD, et al., Defendants.

Supreme Court, Bronx County.

Decided August 9, 2018.

Attorney(s) appearing for the Case

Garbarini & Scher, P.C., New York City ( Myrna A. Levinson of counsel), for St. Barnabas Hospital, defendant.

Brown Gruttadaro Gaujean & Prato, LLC, White Plains, for St. Barnabas OB/GYN, P.C. and another, defendants.

Buttafuoco & Associates, PLLC, Woodbury ( James S. McCarthy of counsel), for plaintiffs.

OPINION OF THE COURT

The decision/order in this motion is as follows:

The defendant, St. Barnabas Hospital, moves for summary judgment (CPLR 3212) and dismissal of the instant medical malpractice action on the premise that plaintiffs are unable to establish vicarious liability against it based on the alleged...

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