HOWARD v. LECHER


42 N.Y.2d 109 (1977)

Robert E. Howard et al., Appellants, v. B. Douglas Lecher, Respondent.

Court of Appeals of the State of New York.

Decided June 16, 1977.


Attorney(s) appearing for the Case

Alfred S. Julien and David Jaroslawicz for appellants.

Arthur N. Seiff and Anthony L. Schiavetti for respondent.

Chief Judge BREITEL and Judges JASEN and GABRIELLI concur with Judge WACHTLER; Judge COOKE dissents in part and votes to modify in a separate opinion in which Judges JONES and FUCHSBERG concur.


WACHTLER, J.

The issue presented is whether the parents can recover from the defendant doctor for the mental distress and emotional disturbances they suffered as a result of their infant daughter having been born with and eventually succumbing to Tay-Sachs disease, a progressive degenerative genetic disorder affecting the nervous system. In their complaint the parents allege that the doctor was negligent in that...

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