Legal Opinion · Dissent

Plaza v. New York Health & Hospitals Corp.

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

Decided July 17, 2012Published

1DissentMoskowitz, J.

Plaintiffs mother, Claribel Rodriguez, alleges that defendant New York City Health and Hospitals Corporation (Jacobi Medical Center) (HHC) departed from accepted standards of medical practice while caring for her during the birth of her daughter, infant plaintiff Mia Plaza, resulting in the infant’s developmental delays and seizures. In my view, the motion court should have denied defendant’s motion for summary judgment based upon existing factual issues. Further, it is my view that the medical records provided defendant with actual knowledge of the facts constituting plaintiffs claim and…

2Cases cited20 opinions

  1. Williams v. Nassau County Medical CenterNew York Court of Appeals · 2006
  2. Plummer v. New York City Health & Hospitals Corp.New York Court of Appeals · 2002
  3. Frye v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
  4. Dubowy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  5. Porcaro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005

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