Reno v. D'Javid

Motion by defendant for summary judgment pursuant to CPLR 3212 for an order dismissing plaintiff’s complaint is denied.

The defendant concedes that the plaintiff, an adult, pregnant female, came to defendant physician on approximately June 3, 1970. At that time the plaintiff requested an abortion. An abortion was not done at that time, but the patient returned on June 6, 1970, for the purpose of having an abortion. An operative procedure was performed by the defendant that day on the plaintiff which terminated the pregnancy.

The plaintiff now claims that she sustained certain injuries as a…