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Sheppard-Mobley v. King

APPEAL by the plaintiffs, in an action to recover damages for medical malpractice, etc., as limited by their brief, from so much of an order of the Supreme Court (Joseph S. Levine, J.), dated December 13, 2002, and entered in Kings County, as (1) granted those branches of the motion of the defendan.....

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APPEAL by the plaintiffs, in an action to recover damages for medical malpractice, etc., as limited by their brief, from so much of an order of the Supreme Court (Joseph S. Levine, J.), dated December 13, 2002, and entered in Kings County, as (1) granted those branches of the motion of the defendants Leslie A. King and Obstetrical & Gynecological Services of Rockville Centre, and the oral application of the defendant Ira J. Spector, pursuant to CPLR 3211(a)(7) and 3212, which were to dismiss so much of the first and second causes of action as asserted a claim by the infant plaintiff, Jo’ell Sheppard-Mobley, to recover damages for medical malpractice, and (2) granted those branches of the separate motions of the defendants Leslie A. King and Obstetrical & Gynecological Services of Rockville Centre, and the defendants Sheila Kumari-Subaiya and Promedica Imaging, P.C., and the oral application of the defendant Ira J. Spector which were to dismiss the sixth cause of action asserted by the plaintiff Karen Sheppard, and (3) deleted the infant plaintiff, Jo’ell Sheppard-Mobley, from the caption of the case.

Davidson & Cohen, P.C., Rockville Centre, N.Y. (Ira Cooper of counsel), for appellants.

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