KELLY v. GREGORY


282 A.D. 542 (1953)

Leonard Kelly, Jr., an Infant, by Leonard Kelly, His Guardian ad Litem, Respondent, v. Lawrence Gregory, Appellant

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

November 12, 1953.


Attorney(s) appearing for the Case

Kenneth H. Holcombe for appellant.

John R. Cummins for respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

The right of a person to recover for a prenatal injury inflicted during the ninth month of the mother's pregnancy was upheld in 1951 by the Court of Appeals; the case before us seeks to advance the area of recovery to injury at a much earlier stage of the life of the foetus, to the third month of pregnancy. We think the same rule should govern both cases.

The decision of the Court of Appeals...

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