WEINTRAUB v. BROWN


98 A.D.2d 339 (1983)

Paul Weintraub et al., Appellants-Respondents, v. Donald Brown et al., Respondents-Appellants

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

December 30, 1983


Attorney(s) appearing for the Case

Simonson Hess & Liebowitz, P. C. (Paul Simonson on the brief), for appellants-respondents.

Clark Gagliardi & Miller, P. C. (Lawrence T. D'Aloise, Jr., of counsel, for Donald Brown, respondent-appellant.

Meiselman, Farber, Stella & Eberz, P. C. (Dennis Gerard Ellis of counsel), for Suri Pappu and another, respondents-appellants.

DAMIANI, MANGANO and GULOTTA, JJ., concur.


MOLLEN, P. J.

The primary question to be resolved on these appeals is whether the parents of an unwanted, but otherwise healthy and normal child, may recover the ordinary costs of raising that child as damages resulting from the defendants' negligence in the performance of a surgical birth control procedure, and, thereafter, in the performance of studies to determine whether the procedure was a success. We begin...

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