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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47152 Justice Lehner PLAINTIFF ALLEGED that defendant medical center breached an October 1997 oral agreement to employ in vitro fertilization to enable her to give birth to a child free of autism. In July 1998 she gave birth to an autistic child. The medical center claimed that plaintiff’s March 1, 2002 action was untimely under the limitations period for malpractice and negligence under Civil Practice Law and Rules ��214-a and 214, respectively. The court found plaintiff’s complaint timely, noting that that the Legislature’s failure to amend CPLR �214-a in a manner similar to the 1996 amendment of �214(6) leaves physicians subject to the six-year contractual breach limitation period if the plaintiff alleges that the physician promised a particular result. However, based on a Dec. 6, 1997 consent form in which the medical center disclaimed responsibility for “physical and mental characteristics of hereditary tendencies of any child born,” the court dismissed plaintiff’s complaint.

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