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DARLENE W. v. MONTEFIORE MEDICAL CENTER

213.

180 A.D.3d 602 (2020)

116 N.Y.S.3d 561

2020 NY Slip Op 01305

Darlene W., as Parent and Natural Guardian of A.D.W., an Infant, Appellant, v. Montefiore Medical Center, Respondent.

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

Decided February 25, 2020.

This is the second medical malpractice action plaintiff brings in state court alleging that defendant's employees rendered negligent medical care and services to herself and the infant during labor and delivery, causing them to sustain severe and serious personal injuries. Plaintiff does not dispute that the prior action was properly removed to federal court (see 28 USC § 1446[d]). After the removal to federal court, the parties entered into a stipulation, which...

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