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LEIGHTON v. CITY OF NEW YORK

39 A.D.3d 84 (2007)

830 N.Y.S.2d 749

SARAH ELIZABETH LEIGHTON et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

February 20, 2007.

Attorney(s) appearing for the Case

Siben & Ferber, Hauppauge (Kenneth Ording and David M. Schwarz of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, Brooklyn (Barry P. Schwartz and Deborah Brenner of counsel), for respondents.

SPOLZINO, J.P., RITTER and SKELOS, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether the law allows a cause of action for damages allegedly sustained by the infant plaintiff as a result of an accident which occurred when she was in utero and not viable outside the womb. We hold that the law allows such a cause of action, since the accident occurred after the infant plaintiff's conception and the infant plaintiff was thereafter born alive...

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