ABBARIAO v. BLUMENTHAL


107 A.D.2d 556 (1985)

Zenaida Abbariao et al., Respondents, v. Elliot Blumenthal et al., Appellants

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

January 3, 1985


In December, 1979 the female plaintiff underwent a tubal ligation for the purpose of preventing the birth of any additional children to her. It is alleged that the surgical procedure was improperly performed and that on October 31, 1980 a child was born to her. Both she and her husband sued the hospital and the physicians who performed or assisted at the procedure. They seek, as part of their damages, the cost of rearing the child to maturity. Defendants moved to strike that...

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