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BARRY v. LEE

10357.

180 A.D.3d 103 (2019)

115 N.Y.S.3d 314

2019 NY Slip Op 09397

MAMIDOU BARRY, as Administrator of the Estate of MARIAMA BAH, Deceased, Appellant, v. CHRISTOPHER C. LEE, M.D., et al., Respondents.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Landers & Cernigliaro, P.C., Carle Place ( Stanley A. Landers of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York City ( Judy C. Selmeci of counsel), for respondents.

KAPNICK and GESMER, JJ., concur with MANZANET-DANIELS, J.P.; SINGH, J., dissents in a separate opinion in which TOM, J., concurs.

OPINION OF THE COURT

Plaintiff's expert affidavit raises triable issues of fact that cannot be resolved on this motion for summary judgment.

The 37-year-old decedent was a mother of six who had recently given birth. She was admitted to defendant Bronx-Lebanon Hospital Center before noon on February 8, 2017...

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