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STEVENS v. AUBURN MEMORIAL HOSPITAL

286 A.D.2d 965 (2001)

730 N.Y.S.2d 608

LORRI STEVENS, as Mother and Natural Guardian of DAVINA STEVENS, an Infant, Appellant, v. AUBURN MEMORIAL HOSPITAL, Defendant, and ROBERT E. LUBANSKI, M.D., Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 28, 2001.

Order unanimously reversed on the law without costs, order of dismissal vacated, motion denied and complaint against defendant Robert E. Lubanski, M.D. reinstated.

Memorandum:

Plaintiff commenced this action against defendants, Auburn Memorial Hospital (Hospital) and Robert E. Lubanski, M.D., seeking damages for injuries sustained by her infant daughter during birth. Plaintiff thereafter filed a note of issue and certificate of readiness for trial, and a trial...

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