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ROSINI v. CUNANAN

132 Misc.2d 246 (1986)

Linda Rosini, Plaintiff, v. Rafael G. Cunanan, Jr., et al., Defendants.

Supreme Court, Erie County.

June 18, 1986

Attorney(s) appearing for the Case

Maloney, Gallup, Roach, Brown & McCarthy, P. C. (James Cosgriff of counsel), for Rafael G. Cunanan, Jr., defendant. Damon & Morey (Barbara Schifeling of counsel), for Niagara Falls Memorial Medical Center, defendant. Arnold T. Lieberman for plaintiff.

HENRY G. GOSSEL, J.

This is a motion made pursuant to CPLR 3211 (a) (7) by the defendants in a medical malpractice action seeking an order dismissing the third cause of action of the complaint wherein plaintiff pleads an action for unnecessary and unwarranted surgery resulting in her being unable to conceive and bear children, on the grounds that, under New York law, it does not state a cause of action, and...

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