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FERNANDEZ v. NIAMOU

65 A.D.3d 935 (2009)

885 N.Y.S.2d 486

MARGIE FERNANDEZ, Respondent-Appellant, v. OUMAROU NIAMOU et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 22, 2009.

We agree with the motion court that defendants failed to demonstrate their prima facie entitlement to judgment as a matter of law with respect to plaintiff's claim for loss of her fetus, and as a result, that the burden never shifted to plaintiff to raise a triable issue of fact with respect to that claim (cf. Gilphilin v Ware, 205 A.D.2d 353 [1994]).

Furthermore, defendants made a prima facie showing that plaintiff did not...

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