Johnson v. St. Barnabas Hospital

*287Judgment, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about March 12, 2007, dismissing the complaint as against defendants-respondents in the midst of a jury trial, unanimously affirmed, without costs.

The trial court properly directed a verdict in favor of respondents at the close of plaintiffs’ case in this medical malpractice action where the infant plaintiff was injured during delivery. Trial testimony established that during the delivery, at which respondent obstetrician Dr. Milanes-Roberts was not present, respondent DeMaggio, a midwife, encountered a shoulder…