Bacani v. Rosenberg

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 10, 2012, which, upon renewal, granted the motion of defendant Lisa Rosenberg, M.D. for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

Plaintiff mother delivered a stillborn fetus 10 days after fetal demise was diagnosed in the 35th week of gestation. Defendant Rosenberg was plaintiff mother’s obstetrician, and had referred the mother to Dr. Deepak Nanda, a perinatologist. In Bacani v Rosenberg (74 AD3d 500 [1st Dept 2010], lv denied 15 NY3d 708 [2010]), this Court…