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S. v. SAPEGA

56 A.D.2d 841 (1977)

Debora S., an Infant, by Her Mother, Elaine S. et al., Respondents, v. Stephen Sapega, Appellant

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

March 7, 1977

Order affirmed, with $50 costs and disbursements.

The complaint alleges that, had it not been for a wrong diagnosis by the appellant doctor in the early stages of the infant plaintiff's pregnancy, the 15-year-old mother, the victim of a rape, would not have borne an unwanted child. This case is distinguishable from Howard v Lecher (53 A.D.2d 420), in that this situation does not deal with the birth of a child born with physical...

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