K.R. v. ROUSSIS

Index No. 805042/14. Appeal No. 12609-12609A-12609B. Case Nos. 2019-03376, 2019-04071.

189 A.D.3d 500 (2020)

133 N.Y.S.3d 797

2020 NY Slip Op 07454

K.R., an Infant, by her Mother and Natural Guardian, Theresa R., et al., Appellants, v. George P. Roussis, M.D., et al., Defendants, and Joseph Trentacosta, M.D., et al., Respondents.

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

Decided December 10, 2020.


Attorney(s) appearing for the Case

Law Office of Arnold DiJoseph, P.C., New York ( Arnold E. DiJoseph of counsel), for appellant.

Amabile & Erman, P.C., Staten Island ( Frank A. DiScipio of counsel), for Joseph Trentacosta, M.D., Ewa Kirpan-Trentacosta and Interboro OB/GYN Associates, P.C., respondents.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Christopher Simone of counsel), for Staten Island University Hospital, respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.


In opposition to defendants' prima facie showing that they did not depart from good and accepted medical care in their treatment of the infant plaintiff, plaintiffs submitted affirmations by their expert pediatric surgeon, expert obstetrician/gynecologist, and expert emergency room pediatrician that raised issues of fact as to whether SIUH, in whose emergency room the infant was treated, and Dr. Trentacosta, who saw her the following...

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