SCHRECK v. STATE


81 A.D.2d 882 (1981)

Peter Schreck et al., Respondents, v. State of New York et al., Appellants. (Claim No. M-22128.)

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

May 18, 1981


Order reversed, on the law, with $50 costs and disbursements, and motion denied with leave to claimants to renew upon proper papers, in accordance herewith.

Claimants failed to submit a medical affidavit to establish a causal relationship between the alleged negligent acts and the birth of claimants' seriously brain damaged and physically handicapped child. The Court of Claims abused its discretion in granting the motion without such a showing.

Rabin...

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