Ben v. Ferro

Appellate Division of the Supreme Court of New York

Ben v. Ferro

179 A.D.2d 1001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 31, 1992

StatusPublished

This text of 179 A.D.2d 1001 (Ben v. Ferro) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ben v. Ferro, 179 A.D.2d 1001 (N.Y. Ct. App. 1992).

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Opinion

Memorandum: Plaintiffs’ complaint alleges that defendant was negligent in prematurely performing a caesarean section on plaintiff wife, resulting in emotional and psychic trauma to plaintiff wife and husband. Plaintiffs’ failure to allege physical injury to plaintiff wife requires dismissal of their action (see, Stiles v Sen, 152 AD2d 915, 916; Sceusa v Mastor, 135 AD2d 117, lv dismissed 72 NY2d 909). (Appeal from Order of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present — Denman, P. J., Boomer, Green, Pine and Davis, JJ.

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Memorandum: Plaintiffs’ complaint alleges that defendant was negligent in prematurely performing a caesarean section on plaintiff wife, resulting in emotional and psychic trauma to plaintiff wife and husband. Plaintiffs’ failure to allege physical injury to plaintiff wife requires dismissal of their action (see, Stiles v Sen, 152 AD2d 915, 916; Sceusa v Mastor, 135 AD2d 117, lv dismissed 72 NY2d 909). (Appeal from Order of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present — Denman, P. J., Boomer, Green, Pine and Davis, JJ.

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179 A.D.2d 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ben-v-ferro-nyappdiv-1992.

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