Germosen v. Gupta

Order of the Supreme Court, Bronx County (Stanley Green, J.), entered on or about June 7, 1996, which denied the motion of defendant Sushila Gupta, M.D., for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff-respondent seeks to recover for extraordinary care and treatment required by the infant plaintiff, born with a debilitating birth defect (see, Becker v Schwartz, 46 NY2d 401) that went undiscovered as a result of the alleged malpractice of defendant-appellant, Dr. Sushila Gupta. It is the doctor’s position that, because the cost of the infant’s…