MARTINEZ v. LONG ISLAND JEWISH HILLSIDE MED. CTR.


70 N.Y.2d 697 (1987)

Carmen Martinez et al., Appellants, v. Long Island Jewish Hillside Medical Center et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 9, 1987.


Attorney(s) appearing for the Case

Malachy J. Duffy for appellants.

Ignatius John Melito and Thomas R. Newman for respondents.

Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to affirm in an opinion; Chief Judge WACHTLER taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division, Second Department, for consideration of the facts and other issues not reached on the appeal to that court.

While plaintiff Carmen Martinez was in the first trimester of her pregnancy she was referred to defendants for genetic counseling to determine whether medication taken in a supposedly...

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