BYRN v. NEW YORK CITY HEALTH & HOSPS. CORP.


39 A.D.2d 600 (1972)

Robert M. Byrn, as Guardian ad Litem for an Infant, "Roe", an Unborn Child, and All Similarly Unborn Infants, Respondent, v. New York City Health & Hospitals Corporation et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1972


Motion denied, without costs.

In our opinion, no findings of fact were made at Special Term, which merely held that "plaintiff has clearly established a strong likelihood of his ultimate success on his claim that a fetus is a human being." At another place, Special Term wrote: "if plaintiff can in fact prove, upon trial, that a fetus of less than twenty-four weeks' gestation is a living human being, there is indeed much more than a `strong likelihood of his ultimate...

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