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RYAN v. BETH ISRAEL HOSP

96 Misc.2d 816 (1978)

Ada B. Ryan, Plaintiff, v. Beth Israel Hospital et al., Defendants.

Supreme Court, Special Term, New York County.

July 18, 1978

Attorney(s) appearing for the Case

Bower & Gardner (John J. Bower of counsel), for Beth Israel Hospital and another, defendants. Loretta A. Conway and A. Lawrence Washburn, Jr., for plaintiff.

BENTLEY KASSAL, J.

The defendants in this action move to dismiss the complaint on a number of grounds encompassed within CPLR 3211.

FACTS

The action arises out of an abortion in which the infant was stillborn. A few hours before the birth, plaintiff had been appointed guardian ad litem to protect the interests of the unborn child. Several hours after the stillborn birth, plaintiff commenced...

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