73 A.D.2d 724 | N.Y. App. Div. | 1979
— Appeals (1) from an order of the Supreme Court at Special Term, entered April 24, 1979 in Albany County, which granted the motion of the defendant Samaritan Hospital to dismiss the fifth, seventh, ninth and eleventh causes of action in the complaint, and (2) from an order of the Supreme Court at Special Term, entered September 8, 1978 in Albany County, which granted the motion of the defendants David R. Tomlinson, David Marshall, Roland Cheung and Tomlinson & Marshall, M. D., P. C., to dismiss the ninth and eleventh causes of action in the complaint, and their motion to dismiss the first, second, third, fourth, fifth, sixth, seventh and tenth causes of action in the complaint, except for those portions thereof which seek financial loss incident to the alleged unsuccessful sterilization operation and the pain and suffering of said unsuccessful operaton. On March 16, 1976, Mary Ann Sala, upon the advice of defendant doctors, underwent a sterilization operation consisting of a bilateral tubal ligation at the Samaritan Hospital. On October 19, 1977, Mary Ann Sala gave birth to her fourth child, Michael Sala. In December, 1977 plaintiffs instituted this action, alleging 11 causes of action for the recovery of damages by the mother, father, the unwanted child and the child’s three siblings. Nothing in the complaint suggests that Michael is other than a healthy, normal