| Amber R. v Pediatric & Adolescent Urgent Care of W. N.Y., PLLC |
| 2024 NY Slip Op 02085 |
| Decided on April 18, 2024 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Submitted by Timothy W. Hoover, for appellant.
Submitted by Kathleen M. Sweet, for respondents.
On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and order of Supreme Court, Erie County, reinstated. Triable issues of fact exist as to the claim for medical malpractice with respect to the placement of the endotracheal tube in the infant (see Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012]).
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Decided April 18, 2024