KOEHLER v. SCHWARTZ


67 A.D.2d 963 (1979)

Mary P. Koehler et al., Respondents, v. Peter Schwartz, Appellant

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

February 20, 1979


Judgment reversed, on the law, with costs, and complaint dismissed.

In May, 1972, defendant performed an abortion on plaintiff Mary P. Koehler (plaintiff) which failed, however, to terminate her pregnancy. She subsequently gave birth to an apparently healthy, normal baby girl. Prior to undergoing the abortion, plaintiff had had three operations for the removal of malignant growths. The abortion was recommended and consented to by plaintiff on the ground that hormonal...

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