La Page v. Di Costanzo

Appeal from an order of the Supreme Court (Plumadore, J.), entered October 26, 1992 in Franklin County, which, inter alia, granted defendants’ motions for summary judgment dismissing the first cause of action.

On the evening of February 9, 1989, Reuven Levy was called in by defendant Lynne Di Costanzo, to assist in a Caesarean section delivery of a full-term fetus carried by plaintiff Theresa A. La Page. By the time it was delivered, however, the baby was already dead. La Page and the baby’s father thereafter commenced this action against defendants alleging one cause of action for wrongful…