KOEHLER v. SCHWARTZ


48 N.Y.2d 807 (1979)

Mary P. Koehler et al., Appellants, v. Peter Schwartz, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1979.


Attorney(s) appearing for the Case

Joseph Kelner and Monica Risi Merrilli for appellants.

Arthur N. Seiff and Anthony L. Schiavetti for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur in memorandum; Judge MEYER dissents and votes to reverse in an opinion in which Judges WACHTLER and FUCHSBERG concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Defendant, an obstetrician and gynecologist, unsuccessfully attempted to abort the pregnancy of plaintiff Mary Koehler. Claiming extensive emotional and psychic injuries, plaintiff commenced this malpractice action. At trial, the case was submitted to the jury on the theory that defendant, departing from his normal practice, had failed...

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