INNIS v. STATE


92 A.D.2d 606 (1983)

Pearlina Innis et al., Respondents, v. State of New York et al., Appellants, et al., Defendants

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

February 28, 1983


Order reversed, as a matter of discretion, without costs or disbursements, and motion denied.

Claimants, husband and wife, based their claim on the wife's unsuccessful tubal ligation performed by defendant hospital on October 27, 1978. By January of 1979, tests indicated the wife's pregnancy. On February 9, 1979, an abortion was performed and a second tubal ligation followed in April, 1979. On April 24, 1981, claimants moved for leave to file a late claim pursuant...

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