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ALBALA v. CITY OF NEW YORK

78 A.D.2d 389 (1981)

Jeffrey Albala, an Infant, by His Parent, Bernard Albala et al., Appellants, v. City of New York et al., Respondents

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

January 8, 1981

Attorney(s) appearing for the Case

J. Irwin Shapiro of counsel (Stephen Kruger with him on the brief; Morris J. Eisen, P. C., attorney), for appellants.

Alexander J. Wulwick of counsel (Carolyn E. Demarest with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for respondents.

KUPFERMAN, J. P., BIRNS and ROSS, JJ., concur with BLOOM, J.; CARRO, J., dissents in an opinion.

BLOOM, J.

This case presents us with a novel and perplexing issue. We are here called upon to determine whether a tort, committed against the mother of a child yet unconceived, gives rise to a cause of action in favor of the child if, as is here claimed, that tort resulted in injury to the child during the period of gestation.

On December 27, 1971, Ruth Albala, the mother of the infant plaintiff, underwent an abortion at Bellevue Hospital.

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