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RAUT v. NEW YORK CITY HEALTH & HOSPITALS CORP.

2014-10335, Index No. 701583/14.

145 A.D.3d 1049 (2016)

2016 NY Slip Op 08891

44 N.Y.S.3d 479

AAYUSH SANDEEP RAUT, an Infant, by His Mother and Natural Guardian, SMITA HARMALKAR, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORP., Doing Business as ELMHURST HOSPITAL CENTER, Respondent.

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

Decided December 28, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff was born in August 2011, at the Elmhurst Hospital Center, sued herein as New York City Health & Hospitals Corp., doing business as Elmhurst Hospital Center (hereinafter the Hospital). He was delivered preterm by emergency cesarean section with a gestational age of only 26 weeks and five days. He suffered respiratory and other neurological injuries as a result of his extreme prematurity,

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