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PERRY-ROGERS v. OBASAJU

282 A.D.2d 231 (2001)

723 N.Y.S.2d 28

DEBORAH PERRY-ROGERS et al., Respondents, v. MICHAEL OBASAJU, Sued Herein as DR. OBASAJU, et al., Appellants, and RICHARD FASANO et al., Respondents.

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

Decided April 5, 2001.

We reject defendants' argument that plaintiffs' malpractice claim must be dismissed since it seeks to recover only for emotional harm caused by the creation of human life (citing, inter alia, O'Toole v Greenberg, 64 N.Y.2d 427; Becker v Schwartz, 46 N.Y.2d 401). Plaintiffs do not seek damages for the emotional harm caused by the birth of a sick or unplanned healthy child, and would not otherwise...

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