Escobar v. New York Hospital

Judgment of the Supreme Court, New York County (Giaccio, J.), entered April 16, 1984, granting defendant New York Hospital’s motion to dismiss the complaint, is reversed, on the law, without costs, the complaint is reinstated and the case is remanded for a new trial against defendant New York Hospital.

Mrs. Mary Escobar was 40 years old at the time she became pregnant with infant plaintiff Claudia. Prior to this pregnancy, she had suffered two miscarriages in the two preceding years. At the beginning of this pregnancy, in April 1976, Mrs. Escobar was categorized by defendant New York…