KUBIK v. ERHART

2009-06599.

78 A.D.3d 905 (2010)

911 N.Y.S.2d 456

DIANA KUBIK et al., Respondents, v. THOMAS P. ERHART, et al., Defendants, and THOMAS P. ERHART, P.C., et al., Appellants.

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

Decided November 16, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

In the instant action, the plaintiffs, who are parents of a severely disabled child, allege that the appellants committed medical malpractice in failing to properly diagnose the child's condition in utero and advise them of their options, resulting in their failure to terminate the pregnancy. The gravaman of the plaintiffs' cause of action is pecuniary loss arising from extraordinary costs incurred...

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