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B.F. v. REPRODUCTIVE MEDICINE

Nos. 126, 127.

30 N.Y.3d 608 (2017)

2017 NY Slip Op 08712

B.F. et al., Respondents, v. REPRODUCTIVE MEDICINE ASSOCIATES OF NEW YORK, LLP, et al., Appellants. MARIE DENNEHY et al., Respondents, v. ALAN B. COPPERMAN, M.D., et al., Appellants.

Court of Appeals of New York.

Decided December 14, 2017.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Caryn L. Lilling and Katherine Herr Solomon of counsel), and Peter C. Kopff , LLC, for Reproductive Medicine Associates of New York, LLP, appellant in the first above-entitled action, and for Reproductive Medicine Associates of New York, LLP, and another, appellants in the second above-entitled action.

Ledy-Gurren Bass D'Avanzo & Siff, LLP, New York City ( Nancy Ledy-Gurren of counsel), and Aaronson Rappaport Feinstein & Deutsch, LLP, New York City ( Elliott J. Zucker of counsel), for Alan B. Copperman, M.D., appellant in the first and second above-entitled actions.

Lieff Cabraser Heimann & Bernstein, LLP, New York City ( Wendy R. Fleishman , Rachel J. Geman and Kelly K. McNabb of counsel), for respondents in the first above-entitled action.

Duffy & Duffy, PLLC, Uniondale ( James LiCalzi of counsel), and Pollack Pollack Isaac & DeCicco, LLP, New York City ( Brian J. Isaac of counsel), for respondents in the second above-entitled action.

Judges RIVERA, STEIN, FAHEY and WILSON concur; Judge GARCIA dissents in an opinion; Judge FEINMAN taking no part.

OPINION OF THE COURT

In Becker v Schwartz, this Court recognized a new cause of action permitting parents to recover the extraordinary expenses incurred to care for a disabled infant who, but for a physician's negligent failure to detect or advise on the risks...

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