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A.M. v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

Index No. 811772/21E. Appeal No. 17067. Case No. 2022-01113.

212 A.D.3d 449 (2023)

181 N.Y.S.3d 243

2023 NY Slip Op 00146

A.M., an Infant, by Her Mother and Natural Guardian, Mary M., et al., Respondents, v. New York City Health and Hospitals Corporation, Doing Business as Lincoln Hospital, Appellant.

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

Decided January 12, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Diana Lawless of counsel), for appellant.

Law Office of Larry Rosenfeld P.C., Syosset (Larry Rosenfeld of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kapnick, Singh, Mendez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (Alicia Gerez, J.), entered February 3, 2022, which granted plaintiffs' motion for leave to file a late notice of claim and denied defendant's cross motion to dismiss the complaint, unanimously modified, on the law, to deny plaintiffs' motion for leave as to plaintiff Mary Mbah's individual claims for medical malpractice and for emotional and psychological trauma as abandoned, and to grant defendant...

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