Amber R. v Pediatric & Adolescent Urgent Care of W. N.Y., PLLC, 41 NY3d at 1021 (2024)

2024 NY Slip Op 02085 [41 NY3d 1021]
April 18, 2024
Court of Appeals

[*1]

In the matter of Amber R., as Administratrix of the Estate of B.M.-R., Deceased, Appellant,
v
Pediatric & Adolescent Urgent Care of Western New York, PLLC, et al., Respondents, et al., Defendant.

Decided April 18, 2024

Amber R. v Pediatric & Adolescent Urgent Care of W. N.Y., PLLC, 218 AD3d 1344, reversed.

{**41 NY3d at 1021} 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 reversed, with costs, and order of Supreme Court, Erie County, reinstated. Triable issues of fact exist as to the claim for medical malpractice with respect to the placement of the endotracheal tube in the infant (see Vega v Restani Constr. Corp., 18 NY3d 499, 503 [2012]).

Concur: Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan.