KIRISITS v. STATE


163 A.D.2d 860 (1990)

Constance Kirisits, as Adoptive Mother and Guardian of Sherilynn M. Kirisits, an Infant, Appellant, v. State of New York, Respondent. (Claim No. 77401.)

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

July 13, 1990


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

The infant claimant appeals from an order denying her motion for partial summary judgment in her action to recover damages for developmental difficulties stemming from gestational deprivation allegedly resulting from the State's negligence. As found in a previous action against the State, the claimant's mother, while pregnant with claimant, was severely injured as a result of...

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