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DePEIGNE v. MED. CTR. & MED. & HEALTH RESEARCH ASS'N OF NEW YORK CITY, INC.

251 A.D.2d 47 (1998)

674 N.Y.S.2d 14

Ann M. DePeigne, Appellant, v. Medical Center and Medical and Health Research Association of New York City, Inc., Doing Business as Maternity Infant Care, Respondent

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

June 4, 1998

The action was properly dismissed for lack of proof hearing upon plaintiff's "only * * * legally cognizable injury, namely the increased financial obligation arising from the extraordinary medical treatment rendered the child during minority" (Bani-Esraili v Lerman, 69 N.Y.2d 807, 808). The only evidence offered on the question of plaintiff's daughter's needs was plaintiff's testimony that her daughter attends a school with a special...

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