Stewart v. Krupitsky

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about November L4, 2003, which, to the extent appealed from as limited by the briefs, denied the cross motion of the third-party defendants for summary judgment dismissing the claims against them, unanimously affirmed, without costs.

Craniosynostosis surgery was performed on the infant plaintiff to correct a congenital skull malformation, but was delayed until the child was 14 months of age. Third-party defendants’ experts asserted that the surgery was cosmetic in nature, thus precluding damages proximately resulting from…