KASS v. KASS


235 A.D.2d 150 (1997)

663 N.Y.S.2d 581

Maureen Kass, Respondent, v. Steven Kass, Appellant

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

September 8, 1997


Attorney(s) appearing for the Case

Linda T. Armatti-Epstein, Mineola, for appellant.

Vincent F. Stempel, Garden City, for respondent.

COPERTINO, J., concurs with SULLIVAN, J.; FRIEDMANN, J., concurs in a separate opinion; MILLER, J. P., and ALTMAN, J., dissent in a separate opinion by MILLER, J. P.


SULLIVAN, J.

The instant case presents this Court with issues of first impression in New York regarding the status and ultimate disposition of fertilized human ova that are the product of an in vitro fertilization (hereinafter IVF) procedure in which one of the prospective parents no longer wishes to participate. Although the parties have raised, inter alia, various fundamental legal and policy arguments...

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