NUTTING v. ASSOCS. IN OBSTETRICS & GYNECOLOGY


130 A.D.2d 870 (1987)

Catherine Nutting et al., Respondents-Appellants, v. Associates in Obstetrics and Gynecology, P. C., et al., Appellants-Respondents

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

May 14, 1987


Harvey, J.

Plaintiffs commenced a medical malpractice action against defendants in May 1984. The action is based upon injuries sustained by plaintiff Catherine Nutting (hereinafter plaintiff) when an intrauterine device known as a "Lippe's Loop", which was inserted by defendants, penetrated her uterine wall. Plaintiffs' failure to comply with defendants' discovery demands resulted in the granting of a conditional order of dismissal. Plaintiffs failed...

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