1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 54 N.Y.2d
  5. 54 N.Y.2d 269 (1981)
 

ALBALA v. CITY OF NEW YORK

54 N.Y.2d 269 (1981)

Jeffrey Albala, an Infant by his Parents, Bernard Albala and Another, et al., Appellants, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

J. Irwin Shapiro, Morris J. Eisen and Stephen C. Glasser for appellants.

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and Leonard Koerner of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG dissents and votes to reverse in a separate opinion; Judge MEYER taking no part.

WACHTLER, J.

The question presented on this appeal is whether a tort committed against the mother of a child not yet conceived gives rise to a cause of action in favor of the child if that tort caused injury to the child during gestation. The Appellate Division determined that no cause of action for preconception tort is cognizable under the law of this State and we agree.

On December 27, 1971, Ruth Albala...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases