ELAINE W. v. N. GEN. HOSP.


81 N.Y.2d 211 (1993)

Elaine W. et al., on Behalf of Themselves and All Others Similarly Situated, Appellants, v. Joint Diseases North General Hospital, Inc., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 6, 1993.


Attorney(s) appearing for the Case

Joan E. Bertin, New York City, Isabelle Katz Pinzler, Cahill Gordon & Reindel and Oscar G. Chase for appellants.

Bower & Gardner, New York City (Nancy Ledy Gurren, Robert Iscaro and Judith A. Davidow of counsel), for respondent.

Nadine Taub, of the New Jersey Bar, admitted pro hac vice, and Berle, Kass & Case, New York City (Jean M. McCarroll and Monica J. Bose of counsel), for American Public Health Association, amicus curiae.

Lynn M. Paltrow, New York City, Carol E. Tracy, Linda J. Wharton and Susan Frietsche, of the Pennsylvania Bar, admitted pro hac vice, for the Center for Reproductive Law & Policy and others, amici curiae.

Mayer Brown & Platt, New York City (George W. Madison and Eleanor Jackson Piel of counsel), for The Association of the Bar of the City of New York, amicus curiae.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., and SMITH concur; Judge BELLACOSA taking no part.


SIMONS, J.

Plaintiffs instituted this action claiming that defendant Joint Diseases North General Hospital engages in unlawful sexual discrimination by refusing to admit pregnant women to its drug detoxification program. North General conceded it has a policy excluding all pregnant women but sought summary judgment dismissing the complaint, claiming the policy is justified on medical grounds. The hospital was...

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