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BILYAVSKIY v. PARIKH

2017-06425. Index No. 19945/13.

197 A.D.3d 605 (2021)

152 N.Y.S.3d 721

2021 NY Slip Op 04692

Shoshana Bilyavskiy et al., Appellants, v. Manish Parikh, Respondent, et al., Defendants.

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

Decided August 18, 2021.

Attorney(s) appearing for the Case

Simonson Goodman Platzer, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Jillian Rosen ], of counsel), for appellants.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, NY ( Christopher Simone and Nicholas Tam of counsel), for respondent.

LaSalle, P.J., Dillon, Iannacci and Christopher, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated insofar as asserted against the defendant Manish Parikh, and the matter is remitted to the Supreme Court, Queens County, for a new trial as to that defendant.

After the plaintiff Shoshana Bilyavskiy (hereinafter the injured plaintiff) gave birth by cesarean section at New York University Medical Center (hereinafter NYUMC) on February

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