Legal Opinion

Ebanks v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2001Published

1Opinion of the Court

—In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated January 27, *5461999, as granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

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

“It is well settled that absent independent physical injuries to her person which directly cause the injury to her child during…

2Cases cited1 opinion

  1. Bubendey v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 1989

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