MARQUES FERNANDEZ, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, RUTH DE LOS SANTOS, plf-ap, v. JOEL MOSKOWITZ, M.D. def-res

10776. MARQUES FERNANDEZ, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, RUTH DE LOS SANTOS, plf-ap, v. JOEL MOSKOWITZ, M.D. def-res — Fitzgerald & Fitzgerald, P.C., Yonkers (Mitchell Gittin of counsel), for ap — Kaufman Borgeest & Ryan LLP, Valhalla (Jacqueline Mandell of counsel), for Joel Moskowitz, res — Heidell Pittoni Murphy & Bach LLP, New York (Daniel S. Ratner of counsel), for New York University Medical Center, res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 19, 2011, which, insofar as appealed from, denied plaintiff's motion to renew his earlier motion to renew defendants' summary judgment motions, unanimously affirmed, without costs.

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10776. MARQUES FERNANDEZ, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, RUTH DE LOS SANTOS, plf-ap, v. JOEL MOSKOWITZ, M.D. def-res — Fitzgerald & Fitzgerald, P.C., Yonkers (Mitchell Gittin of counsel), for ap — Kaufman Borgeest & Ryan LLP, Valhalla (Jacqueline Mandell of counsel), for Joel Moskowitz, res — Heidell Pittoni Murphy & Bach LLP, New York (Daniel S. Ratner of counsel), for New York University Medical Center, res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 19, 2011, which, insofar as appealed from, denied plaintiff’s motion to renew his earlier motion to renew defendants’ summary judgment motions, unanimously affirmed, without costs.

Plaintiff seeks damages for injuries he allegedly sustained during his prenatal care and delivery. On a prior appeal, this Court reversed the denial of defendants’ motion for summary judgment dismissing the complaint. We did so on the grounds that plaintiff failed to establish a hypoxic-ischemic brain injury. His experts failed to refute the normal results of the MRIs relied on by defendants’ experts or explain plaintiff’s early normal development and that he did not exhibit signs of delay until he was two years old. Nor did plaintiff show that his developmental delays were unrelated to his genetic visual impairment (85 AD3d 566 [1st Dept 2011]).

MARQUES FERNANDEZ, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, RUTH DE LOS SANTOS, plf-ap, v. JOEL MOSKOWITZ, M.D. def-res

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