AMBER R. v. PEDIATRIC & ADOLESCENT URGENT CARE OF W. N.Y., PLLC

No. 70 SSM 2.

2024 NY Slip Op 02085

AMBER R., & C., Appellant, v. PEDIATRIC & ADOLESCENT URGENT CARE OF WESTERN NEW YORK, PLLC ET AL., Respondents, ET AL., Defendant.

Court of Appeals of New York.

Decided April 18, 2024.


Attorney(s) appearing for the Case

Submitted by Timothy W. Hoover , for appellant.

Submitted by Kathleen M. Sweet , for respondents.

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.


On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and order of Supreme Court, Erie County, reinstated. Triable issues of fact exist as to the claim for medical malpractice with respect to the placement of the endotracheal tube in the infant (see Vega v Restani Constr. Corp., 18 N.Y.3d 499

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