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PERTILLA v. GENETIC DESIGN

166 Misc.2d 843 (1995)

634 N.Y.S.2d 1006

Lucille M. Pertilla et al., Plaintiffs, v. Genetic Design, Inc., Defendant.

Supreme Court, Chenango County.

November 21, 1995

Attorney(s) appearing for the Case

Damon & Morey, L. L. P., Buffalo (Mary Jo Herrscher of counsel), for defendant. Fritzsch & Nadel, Binghamton (Craig R. Fritzsch of counsel), for plaintiffs.

IRAD S. INGRAHAM, J.

Plaintiffs bring the underlying action to recover for the alleged negligent performance of DNA testing. Defendant now moves for summary judgment dismissing the action upon the ground that the complaint fails to state a cause of action.

This matter was submitted to the court without oral argument on September 15, 1995.

FINDINGS OF FACT

In November 1991, plaintiff...

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