Rosini v. Cunanan

OPINION OF THE COURT

Henry G. Gossel, J.

This is a motion made pursuant to CPLR 3211 (a) (7) by the defendants in a medical malpractice action seeking an order dismissing the third cause of action of the complaint wherein plaintiff pleads an action for unnecessary and unwarranted surgery resulting in her being unable to conceive and bear children, on the grounds that, under New York law, it does not state a cause of action, and precluding the plaintiff from offering any evidence upon the trial with respect to the allegations contained in the bills of particulars pertaining to the alleged…