Farkas v. Saary

Sullivan, J. P.,

dissents in a memorandum as follows: I disagree with the majority only insofar as it affirms the denial of defendant Dr. Saary’s motion for summary judgment dismissing the complaint against him, since, in my view plaintiff has failed to demonstrate that there is a question of fact as to whether the infant plaintiff’s microphthalmia, a condition in which the eye and orbit are smaller than normal, and which, in the infant plaintiff’s case, has resulted in complete blindness in the left eye, was caused by the mother’s use of progesterone during the first trimester of pregnancy.

Wit…