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AUDETTE v. TOUSSAINT-MILORD

2019-05558. Index No. 513797/16.

201 A.D.3d 779 (2022)

161 N.Y.S.3d 296

2022 NY Slip Op 00298

Jeannine Audette, Appellant, v. Mary Toussaint-Milord et al., Respondents.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP, New York, NY (Marcia Raicus of counsel), for appellant.

Martin Clearwater & Bell LLP, New York, NY (Barbara D. Goldberg of counsel), for respondents.

Rivera, J.P., Hinds-Radix, Ford and Dowling, JJ., concur.

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

On September 29, 2014, the plaintiff gave birth, preterm, to a child at the defendant Brookdale Hospital Medical Center (hereinafter the hospital). The defendant Mary Toussaint-Milord, an obstetrician/gynecologist, assisted in the delivery of the child and the subsequent delivery of the seemingly complete placenta. After the delivery, the plaintiff did not permit Toussaint-Milord or nurses to...

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