Reno v. D'Javid

Order, Supreme Court, New York County, entered on April 9, 1976, denying defendant’s motion for summary judgment, unanimously modified, on the law, and motion granted to the extent of dismissing and severing the first, second and fourth causes of action in the complaint, and, as so modified, the order is affirmed, without costs and without disbursements. The causes of action based upon medical malpractice, breach of warranty and assault all arise out of an abortion performed by defendant physician on plaintiff, at *877her request, on June 6, 1970. Such operative procedure was illegal on the date…