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ZIEMBA v. STERNBERG

45 A.D.2d 230 (1974)

Marie Ziemba et al., Respondents, v. Emil Sternberg, Appellant

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

July 5, 1974.

Attorney(s) appearing for the Case

Martin, Clearwater & Bell (David Brown of counsel), for appellant.

Blair, Martin & Messina (Peter J. Martin of counsel), for respondents.

MOULE and SIMONS, JJ., concur with DEL VECCHIO, J.; CARDAMONE and MAHONEY, JJ., dissent and vote to reverse the order, grant the motion and dismiss the complaint in an opinion by CARDAMONE, J.

DEL VECCHIO, J.

Defendant, a duly licensed physician, has moved to dismiss a complaint that charges him with medical malpractice.

The complaint alleges that plaintiff wife in May, 1971 advised defendant that she did not desire to have children and requested that he advise her as to the proper medication for the purpose of preventing pregnancy, that defendant did suggest certain medication and that she followed all his directions, that from May...

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