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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