ALBERINO v. LONG IS MED


111 Misc.2d 626 (1981)

Richard F. Alberino, as Administrator of The Estate of Deborah Turchen, Deceased, et al., Plaintiffs, v. Long Island Jewish-Hillside Medical Center et al., Defendants.

Supreme Court, Trial Term, Nassau County.

November 2, 1981


Attorney(s) appearing for the Case

Shayne, Dachs, Stanisci & Harwood for plaintiffs. Bower & Gardner for Long Island Jewish-Hillside Medical Center and others, defendants. Martin, Clearwater & Bell (Robert T. Whittaker of counsel), for Joseph Schattner and another, defendants. Garbarini, Scher & De Cicco for Anita Borg, defendant.


ARTHUR D. SPATT, J.

The issue presented in this action involving the wrongful death of a mother is whether a surviving infant child's right of recovery is lost or diminished by reason of his being adopted subsequent to his mother's death.

BACKGROUND

Deborah Turchen died on February 17, 1975, shortly after the birth of her infant son Scott, now known as Scott Alberino. Her husband, Harvey D. Turchen, the natural father of Scott, is presently...

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