Opinion
3421.
Decided April 20, 2004.
Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered on or about November 14, 2003, which, to the extent appealed from as limited by the briefs, denied the cross motion of the third-party defendants for summary judgment dismissing the claims against them, unanimously affirmed, without costs.
Wilson Elser Moskowitz Edelman Dicker LLP, New York (Richard E. Lerner of counsel), for appellants.
Peltz Walker, New York (Paul E. Walker of counsel), for respondent.
Before: Buckley, P.J., Nardelli, Andrias, Sullivan, Gonzalez, JJ.
Craniosynostosis surgery was performed on the infant plaintiff to correct a congenital skull malformation, but was delayed until the child was 14 months of age. Third-party defendants' experts asserted that the surgery was cosmetic in nature, thus precluding damages proximately resulting from the delay. Plaintiff's experts countered that the delay in diagnosing and treating the craniosynostosis was what led to plaintiff's mental retardation. The contrasting opinions raise questions of fact which must be decided by a jury ( Celentano v. St. Luke's Roosevelt Hosp. Med. Ctr., 170 A.D.2d 198). We have examined appellants' other contentions and find them to be unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.