December 11, 2012
MUSA CALLISTRO, AN INFANT, BY HIS MOTHER AND NATURAL GUARDIAN JESSICA RIVERA, APPELLANT,
MICHAEL W. BEBBINGTON, M.D., ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, 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 child's alleged cognitive, receptive, and expressive deficits and developmental disability. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur.
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