Opinion
No. 242 SSM 46
12-11-2012
Musa Callistro, an Infant, by His Mother and Natural Guardian Jessica Rivera, Appellant, v. Michael W. Bebbington, M.D., et al., Respondents.
Submitted by John M. Daly, for appellant. Submitted by Daniel S. Ratner, for respondents.
Submitted by John M. Daly, for appellant.
Submitted by Daniel S. Ratner, for respondents.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question not answered on the ground that it is unnecessary. Plaintiff failed to raise a triable issue of fact concerning whether defendants' alleged malpractice in failing to perform a caesarean section rather than a vaginal delivery was the cause of child's alleged cognitive, receptive, and expressive deficits and developmental disability.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.