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M.F. v. ALBANY MED. CTR.

536157.

217 A.D.3d 103 (2023)

192 N.Y.S.3d 781

2023 NY Slip Op 03896

M.F., an Infant, by her Mother and Guardian, CASSANDRA DURIVAGE, Appellant, v. ALBANY MEDICAL CENTER, Respondent.

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

Decided July 20, 2023.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany ( Michael J. Hutter of counsel), for appellant.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany ( Lia B. Mitchell of counsel), for respondent.

GARRY, P.J., LYNCH and CERESIA, JJ., concur with CLARK, J. AARONS, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

APPEALS from (1) an order of the Supreme Court, Albany County (Christina L. Ryba, J.), entered August 31, 2022; and (2) an order of that court, entered October 13, 2022. The August 31, 2022 order, among other things, granted defendant's motion to preclude expert testimony pursuant to CPLR 3126. The October...

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