Malone v. Kim

Order, Supreme Court, Bronx County (Stanley B. Green, J.), entered October 18, 2011, which denied the motion of defendant Alex Boafo, M.D., for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

The record shows that the infant plaintiffs mother, who was approximately 29 weeks pregnant, went to defendant hospital because she was having contractions. The mother was admitted to rule out pre-term labor and was started on magnesium sulfate, in an attempt to stop…