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DB v. MONTEFIORE MED. CTR.

6840, 350479/10-1462.

162 A.D.3d 478 (2018)

80 N.Y.S.3d 9

2018 NY Slip Op 04283

DB, an Infant, by His Mother and Natural Guardian, Arlene B., Respondent, v. Montefiore Medical Center et al., Appellants.

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

Decided June 12, 2018.

Defendants argue that plaintiff's theory that his injuries were caused by hypoxia ischemia brought about by intercranial pressure should not be considered, because it was improperly raised for the first time in opposition to their motion. We find that the theory was sufficiently pleaded in the bill of particulars to avoid surprise and prejudice to defendants (compare e.g. Valenti v Camins, 95 A.D.3d 519, 522 [1st Dept 2012] [theory...

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