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ENDRESZ v. FRIEDBERG

24 N.Y.2d 478 (1969)

Steve L. Endresz, as Administrator of The Estate of Baby Boy Endresz, Deceased, Appellant, v. Fred Friedberg et al., Respondents. (Action No. 1.) Steve L. Endresz, as Administrator of The Estate of Baby Girl Endresz, Deceased, Appellant, v. Fred Friedberg et al., Respondents. (Action No. 2.) Janice Endresz, Appellant, v. Fred Friedberg et al., Respondents. (Action No. 3.) Steve L. Endresz, Appellant, v. Fred Friedberg et al., Respondents. (Action No. 4.)

Court of Appeals of the State of New York.

Decided April 17, 1969.

Attorney(s) appearing for the Case

John E. Shaffer for appellants.

David J. Martin and John F. Rafferty for Fred Friedberg and another, respondents.

John F. Gates for Joanne Salotto and another, respondents.

Judges SCILEPPI, BERGAN, BREITEL and JASEN concur with Chief Judge FULD; Judge BURKE dissents in part and votes to modify in an opinion in which Judge KEATING concurs.

Chief Judge FULD.

The principal question posed is whether there is a right of recovery under this State's wrongful death statute (EPTL 5-4.1 [formerly Decedent Estate Law, § 130]) by the personal representative of a stillborn foetus which died as a result of injuries received while en ventre sa mere.

The plaintiff, Janice Endresz, seven months pregnant, was injured in an automobile accident...

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