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PERRY-ROGERS v. FASANO

276 A.D.2d 67 (2000)

715 N.Y.S.2d 19

DEBORAH PERRY-ROGERS et al., Appellants, v. RICHARD FASANO et al., Respondents. DEBORAH PERRY-ROGERS et al., Respondents, v. RICHARD FASANO et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 2000.

Attorney(s) appearing for the Case

Bernard E. Clair of counsel (Karen Golden on the brief; Rosenman & Colin, L. L. P., attorneys), for plaintiffs.

Jay L.T. Breakstone of counsel (David H. Cohen and Ivan L. Tantleff on the brief; Tantleff, Cohen & Tantleff, P. C., and The Breakstone Law Firm, P. C., attorneys), for defendants.

WILLIAMS, J.P., TOM, ELLERIN and ANDRIAS, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal concerns a tragic mix-up at a fertility clinic through which a woman became a "gestational mother" to another couple's embryo, when the embryo was mistakenly implanted into the wrong woman's uterus. Since a determination of the issues presented may have far-ranging consequences, we attempt here to ensure that our holding is appropriately limited.

FACTS

In April 1998, plaintiffs Deborah Perry-Rogers...

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