Chapman v. Schultz

Citation367 N.Y.S.2d 1018,47 A.D.2d 806
PartiesAlice CHAPMAN, Appellant, v. John H. SCHULTZ, Respondent.
Decision Date06 March 1975
CourtNew York Supreme Court Appellate Division

Faraci, Guadagnino & Wishman, David A. Johns, Rochester, for appellant.

Martin, Clearwater & Bell, Paul A. Brown, Syracuse, for respondent.

Order reversed with costs and motion denied. Memorandum: The issues presented on this appeal are identical with those before the court in Ziemba v. Sternberg, 45 A.D.2d 230, 357 N.Y.S.2d 265. In accordance with our holding therein, the order of Special Term, made prior to that decision, should be reversed and defendant's motion denied. All concur, Mahoney, J. under the constraint of Ziemba v. Sternberg, supra. (Appeal from Order of Monroe Special Term, Brisco, J., in medical malpractice action.)

Present: MARSH, P.J., and MOULE, MAHONEY, DEL VECCHIO and WITMER, JJ.

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5 cases
  • Howard v. Lecher
    • United States
    • New York Supreme Court — Appellate Division
    • July 30, 1976
    ...when she had no further desire to have children (see Ziemba v. Sternberg, 45 A.D.2d 230, 357 N.Y.S.2d 265, Supra; Chapman v. Schultz, 47 A.D.2d 806, 367 N.Y.S.2d 1018), similarly, a valid cause is stated here since the medically indicated abortion was merely the means by which the negligent......
  • Sorkin v. Lee
    • United States
    • New York Supreme Court — Appellate Division
    • December 23, 1980
    ...Ziemba v. Sternberg, 45 A.D.2d 230, 357 N.Y.S.2d 265; and see Deborah S. v. Sapega, 56 A.D.2d 841, 392 N.Y.S.2d 79; Chapman v. Schultz, 47 A.D.2d 806, 367 N.Y.S.2d 1018). The issue which divides this court is what elements of damage plaintiffs may properly The complaint alleges six causes o......
  • Karlsons v. Guerinot
    • United States
    • New York Supreme Court — Appellate Division
    • April 15, 1977
    ...to diagnose a pregnancy such that the mother was prevented from aborting the child within a reasonable time (see also, Chapman v. Schultz, 47 A.D.2d 806, 367 N.Y.S.2d 1018). The question here, however, is not whether plaintiffs have properly alleged the necessary elements of a cause of acti......
  • Johnson v. Yeshiva University
    • United States
    • New York Court of Appeals Court of Appeals
    • May 12, 1977
    ...deformed child and for the general and special damages that will have been occasioned to them in its rearing (see Chapman v. Schultz, 47 A.D.2d 806, 367 N.Y.S.2d 1018, decided on authority of Ziemba v. Steinberg, 45 A.D.2d 230, 357 N.Y.S.2d 265 (3-2 decision)). A subsidiary question is whet......
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