Weiss v. Bellevue Maternity Hospital

Peters, EJ.

Appeal from that part of an order of the Supreme Court (Clark, J.), entered August 28, 2013 in Schenectady County, which denied plaintiffs’ motion to strike defendant Bellevue Maternity Hospital’s answer.

In January 2000, plaintiff Kathy Weiss (hereinafter the mother) gave birth to a son at defendant Bellevue Maternity Hospital. Almost 10 years later, plaintiffs commenced this medical malpractice action alleging that defendants failed to properly manage the mother’s labor and failed to timely deliver the child by cesarean section, thereby causing him to suffer a profound hypoxic…