HEALY v. FINZ & FINZ, P.C.

2010-05711.

82 A.D.3d 704 (2011)

918 N.Y.S.2d 500

KEVIN ROBERT HEALY, by His Parents and Natural Guardians, PATRICIA HEALY and Another, et al., Respondents, v. FINZ & FINZ, P.C., Appellant.

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

Decided March 1, 2011.


Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant's motion for summary judgment dismissing the complaint is granted.

The plaintiff Patricia Healy (hereinafter the plaintiff) became pregnant with triplets—a girl and two boys—in 1994. The boys were twins and shared a placenta, while the girl had her own placenta. One of the boys, later named Sean, died in utero sometime between September 8 and 9, 1994. The...

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