Legal Opinion

Betancourt v. Westchester County

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

Decided October 12, 1999Published

1Opinion of the Court

—In an action to recover damages based on medical malpractice, the defendants appeal from an order of the Supreme Court, Westchester County (Barone, J.), dated July 8, 1998, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, without costs *359or disbursements, the motion is granted, and the complaint is dismissed.

The infant plaintiff died as the result of causes which, according to hospital records, included his exposure to respiratory syncytial virus, pneumonia, ventricular septal defect, chronic lung disease-pulmonary…

2Cases cited4 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Patricia Kruck v. St. John's Episcoal HospitalAppellate Division of the Supreme Court of the State of New York · 1996
  4. Damen v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1999

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