AMBER v. PEDIATRIC ADOLESCENT URGENT CARE OF WESTERN NEW YORK PLLC (2024)

Court of Appeals of New York.

AMBER R., & c., Appellant, v. PEDIATRIC & ADOLESCENT URGENT CARE OF WESTERN NEW YORK, PLLC et al., Respondents,et al., Defendant.

No. 70 SSM 2

Decided: April 18, 2024

Submitted by Timothy W. Hoover, for appellant. Submitted by Kathleen M. Sweet, Buffalo, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and order of Supreme Court, Erie County, reinstated. Triable issues of fact exist as to the claim for medical malpractice with respect to the placement of the endotracheal tube in the infant (see Vega v. Restani Constr. Corp., 18 N.Y.3d 499, 503, 942 N.Y.S.2d 13, 965 N.E.2d 240 [2012] ).

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.

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