Musaid v. Mercy Hospital of Buffalo

—Judg*959ment unanimously reversed on the law with costs and new trial granted in accordance with the following Memorandum: Plaintiff commenced this action alleging that the injuries sustained by her infant daughter were caused by the negligence and malpractice of defendant Metin Gunduz, M.D., in leaving the examining room at defendant Mercy Hospital of Buffalo (Hospital) when plaintiffs daughter was on the examining table and the side rails were down. Plaintiff testified at trial that she was sitting about five or six feet from her daughter when Gunduz left the room and that, before leaving,…