LABATE v. PLOTKIN


195 A.D.2d 444 (1993)

600 N.Y.S.2d 144

Jane Labate, as Mother and Natural Guardian of Jacqueline A. Pomisel, an Infant, Appellant, v. David Plotkin et al., Respondents

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

July 6, 1993


Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

The defendant David Plotkin was the plaintiff's obstetrician and delivered her daughter Jacqueline on January 21, 1976. Jacqueline is mentally retarded and also suffers from additional maladies. The plaintiff commenced the present action alleging, inter alia, that Dr. Plotkin's failure to perform a cesarean...

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