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SPERANZA v. REPRO LAB INC.

62 A.D.3d 49 (2009)

875 N.Y.S.2d 449

MARY SPERANZA et al., as Administrators of the Estate of MARK SPERANZA, Deceased, Appellants, v. REPRO LAB INC., Respondent.

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

Decided March 3, 2009.

Attorney(s) appearing for the Case

Ginsberg & Katsorhis, P.C., Flushing (Kerry J. Katsorhis of counsel), for appellants.

Arthur Lawrence Alexander, P.C., New York City (Danielle I. Pedras of counsel), for respondent.

GONZALEZ, SWEENY, RENWICK and DEGRASSE, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

This appeal considers whether plaintiffs, as the administrators of their late son's estate, may obtain possession from defendant tissue bank of certain semen specimens deposited by their son before his death, or whether that relief is precluded either by his directive that the specimens be destroyed in the event of his death or by the terms of applicable New York State Department of Health regulations.

In 1997, Mark...

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