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BANI-ESRAILI v. LERMAN

69 N.Y.2d 807 (1987)

David Bani-Esraili, Appellant, et al., Plaintiff, v. Marvin S. Lerman, as Executor of Philip Wald, Deceased, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided February 17, 1987.

Attorney(s) appearing for the Case

Martin Diennor and Abraham Fuchsberg for appellant.

Roger P. McTiernan and Carol Ann Weinman for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

In this "wrongful birth" action, the trial court properly held that plaintiff could not recover from the estate of defendant doctor the costs of those extraordinary expenses which plaintiff might incur for the continued support and special care of his son, born with thalassemia major, after the child reaches the age of 21. Under New York...

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