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AQUILIO v. NELSON

78 A.D.2d 195 (1980)

Donald Aquilio, as Administrator of The Estate of Jason Aquilio, Deceased, and as Parent and Natural Guardian of Jason Aquilio, an Infant, et al., Appellants, v. Irving Nelson et al., Respondents

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

December 23, 1980

Attorney(s) appearing for the Case

Birnbaum & Manaker, P. C. (Ralph Manaker of counsel), for appellants.

Martin, Ganotis & Brown, P. C. (George F. Mould of counsel), for respondents.

DILLON, P. J., CALLAHAN and MOULE, JJ., concur with CARDAMONE, J.; HANCOCK, JR., J., dissents and votes to modify the order in an opinion.

CARDAMONE, J.

The sole question is whether damages are recoverable for emotional and mental harm suffered by the plaintiff mother as a result of the death of her infant the day following its birth, allegedly caused by the malpractice of the defendants, an attending gynecologist and a pediatrician. This question must be answered in the negative.

This action for medical malpractice, negligence, breach...

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