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HOWARD v. LECHER

53 A.D.2d 420 (1976)

Robert E. Howard et al., Respondents, v. B. Douglas Lecher, Appellant

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

July 30, 1976

Attorney(s) appearing for the Case

Anthony L. Schiavetti (Michael B. Schad of counsel), for appellant.

Julien & Schlesinger, P.C. (Alfred S. Julien and Helen B. Stoller of counsel), for respondents.

HOPKINS, Acting P. J., and HAWKINS, J., concur with TITONE, J.; MARGETT, J., dissents and votes to affirm the order with an opinion in which DAMIANI, J., concurs.

TITONE, J.

In this medical malpractice action the Special Term denied the defendant's motion to dismiss the first cause of action in which the plaintiffs allege that they suffered mental distress and emotional disturbances as a result of their infant daughter being afflicted with, and eventually dying of, Tay-Sachs, a fatal genetic disease.

The defendant, an obstetrician and gynecologist, first treated...

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