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AMIN v. SOLIMAN

2008-10822

67 A.D.3d 835 (2009)

889 N.Y.S.2d 629

2009 NY Slip Op 08569

KHONDAKER AMIN et al., Respondents, v. MOLHAM SOLIMAN et al., Defendants, and STELLA SLADE et al., Appellants.

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

Decided November 17, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants established their prima facie entitlement to judgment as a matter of law dismissing the first, second, third, and fourth causes of action insofar as asserted against them (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]), by tendering evidence that the fetus delivered by the plaintiff Ramina Akhter by a cesarean section was born...

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