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BROADNAX v. GONZALEZ

2 N.Y.3d 148 (2004)

809 N.E.2d 645

777 N.Y.S.2d 416

KAREN BROADNAX et al., Appellants, v. FREDERICK A. GONZALEZ et al., Respondents. DEBRA A. FAHEY et al., Appellants, v. ANTHONY C. CANINO et al., Respondents.

Court of Appeals of the State of New York.

Decided April 1, 2004.

Attorney(s) appearing for the Case

Margaret C. Jasper, South Salem, for appellants in the first above-entitled action.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for respondents in the first above-entitled action.

O'Connor, Gacioch, Leonard & Cummings, LLP, Binghamton (Patricia A. Cummings of counsel), for appellants in the second above-entitled action.

Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for respondents in the second above-entitled action.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo and R.S. Smith concur with Judge Rosenblatt; Judge Read dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

These two cases call upon us to revisit a question we last addressed in Tebbutt v. Virostek (65 N.Y.2d 931 [1985]): whether, absent a showing of independent physical injury to her, a mother may recover damages for emotional harm when medical malpractice causes a miscarriage or stillbirth.

I.

A. Broadnax

While pregnant,...

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