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RUFFING v. UNION CARBIDE CORP

186 Misc.2d 679 (2000)

720 N.Y.S.2d 328

ZACHARY D. RUFFING, an Infant, by His Mother and Natural Guardian, FAYE CALTON, et al., Plaintiffs, v. UNION CARBIDE CORPORATION et al., Defendants. ZACHARY D. RUFFING, an Infant, by His Mother and Natural Guardian, FAYE CALTON, et al., Plaintiffs, v. HOECHST CELANESE, Also Known as AMERICAN HOECHST, et al., Defendants.

Supreme Court, Westchester County.

December 18, 2000.

Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, L. L. P., New York City (Steven J. Phillips of counsel), and DeProspo, Petrizzo & Bartlett, Goshen (William DeProspo of counsel), for plaintiffs.

Kelly Drye & Warren, L. L. P., New York City (James O'Gara of counsel), for Union Carbide Corporation, defendant.

Harris Beach & Wilcox, New York City (Judi Abbott Curry of counsel), for J.T. Baker, Inc., now known as Mallinckrodt Baker, Inc., and another, defendants.

Ward Norris Heller & Reidy, L. L. P., Rochester (Thomas E. Reidy of counsel), for Shipley Company, Inc., and another, defendants.

Leader & Berkon, L. L. P., New York City (James Leader of counsel), for E.I. du Pont de Nemours & Company, defendant.

Jones, Day, Reavis & Pogue (Michael J. Templeton, New York City, and Mary Ellen Powers, Washington, D.C., of counsel), for International Business Machines Corporation, defendant.

Kasowitz, Benson, Torres & Friedman, L. L. P., New York City (Daniel R. Benson of counsel), for Hoechst Celanese, defendant.

George W. Wright, Hackensack, New Jersey, for Fisher Scientific Co., defendant.

OPINION OF THE COURT

JOHN P. DiBLASI, J.

In what appears to be a matter of first impression, this court is asked to determine whether defenses asserting the comparative fault of parents of a child born with severe birth defects should be dismissed because they are barred as being founded upon claims of "negligent supervision" on the parts of the parents. Upon an analysis of those defenses and the controlling law, the court agrees with plaintiffs that the...

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