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RENO v. D'JAVID

85 Misc.2d 126 (1976)

Margaret J. Reno, Plaintiff, v. Ismail F. D'Javid, Defendant.

Supreme Court, New York County.

January 5, 1976

Attorney(s) appearing for the Case

Martin, Clearwater & Bell (Richard A. Young of counsel), for defendant. Lenefsky, Gallina, Mass, Berne & Hoffman (David Arens of counsel), for plaintiff.

SIDNEY H. ASCH, J.

Motion by defendant for summary judgment pursuant to CPLR 3212 for an order dismissing plaintiff's complaint is denied.

The defendant concedes that the plaintiff, an adult, pregnant female, came to defendant physician on approximately June 3, 1970. At that time the plaintiff requested an abortion. An abortion was not done at that time, but the patient returned on June 6, 1970, for the purpose of having an abortion. An operative...

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