Sepulveda v. Dayal

Order, Supreme Court, Bronx County (Sallie ManzanetDaniels, J.), entered November 14, 2008, which, in an action for medical malpractice allegedly arising from defendants’ failure to diagnose a neuroblastoma in ultrasounds taken of infant *421plaintiff, denied defendants’ motion to amend their answer to include the affirmative defense of collateral estoppel and to dismiss the action on that ground, unanimously affirmed, with costs.

The record shows that prior to obtaining the medical records indicating which physicians had reviewed the sonograms taken during the pregnancy of plaintiff mother,…