Callistro v Bebbington, 20 NY3d 945 (2012)

2012 NY Slip Op 08444 [20 NY3d 945]
December 11, 2012
Court of Appeals

[*1]

In the Matter of Musa Callistro, an Infant, by His Mother and Natural Guardian, Jessica Rivera, Appellant,
v
Michael W. Bebbington, M.D., et al., Respondents.

Decided December 11, 2012

Callistro v Bebbington, 94 AD3d 408, affirmed.

{**20 NY3d at 946} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 the child’s alleged cognitive, receptive, and expressive deficits and developmental disability.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott.