Muhammad v. Fitzpatrick
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Plaintiff commenced this medical malpractice action seeking damages for injuries sustained by her infant daughter while plaintiff was giving birth to her. Defendants appeal from an order granting plaintiffs pretrial motion to preclude defendants’ experts from testifying with respect to the defense theory that the injuries sustained by plaintiffs daughter were caused by the birthing process, and thus were unrelated to any action by defendants. We conclude on the record before us that Supreme Court did not abuse its discretion in granting plaintiffs motion.
Initially, we note that…
2Cases cited6 opinions
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- Rondout Electric, Inc. v. Dover Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
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- Lugo v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Strait v. Arnot Ogden Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
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- Kawache v. United StatesCourt of Appeals for the Second Circuit · 2012
- Nobre v. ShanahanNew York Supreme Court · 2013
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