S.P. v. ST. BARNABAS HOSP.

350072/11.

180 A.D.3d 583 (2020)

119 N.Y.S.3d 117

2020 NY Slip Op 01283

S.P., an Infant, et al., Appellants, v. St. Barnabas Hospital et al., Respondents.

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

Decided February 25, 2020.


Plaintiff alleges that defendants' failure to detect and remove a watch battery that was lodged in the infant plaintiff's right nostril on January 9, 2010, resulted in its remaining in place until January 12, 2010, causing further injuries to his nose. Defendants established prima facie entitlement to summary judgment by presenting evidence, including the testimony of Dr. Applebaum and Dr. Maria Rosero, who both examined the infant plaintiff on January 9, 2010, that the battery...

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