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M.T. v. LIM

2018-07393. Index No. 501913/13.

203 A.D.3d 778 (2022)

160 N.Y.S.3d 638

2022 NY Slip Op 01339

M.T. et al., Respondents, v. Eav Lim et al., Defendants, and Faramarz Zarghami et al., Appellants.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Yoeli Gottlieb & Etra LLP, New York, NY ( Matthew E. Yoeli of counsel), for appellant Faramarz Zarghami.

Brown, Gaujean, Kraus & Sastow, PLLC (Mauro Lilling Naparty, LLP, Woodbury, NY [ Caryn L. Lilling and Katherine Herr Solomon ], of counsel), for appellant Wilfredo Lao.

The Fitzgerald Law Firm, P.C., Yonkers, NY ( John M. Daly and Mitchell Gittin of counsel), for respondents.

Iannacci, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

This medical malpractice action arises out of the care and treatment provided to the plaintiff mother in connection with the delivery of her son, the infant plaintiff, on October 30, 2011, at Wyckoff Heights Medical Center (hereinafter Wyckoff). In an order dated April 23, 2018, the Supreme Court, inter alia, denied the separate motions of the defendants Faramarz Zarghami and Wilfredo...

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