Ebanks v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Ebanks v. New York City Health & Hospitals Corp.

283 A.D.2d 545, 725 N.Y.S.2d 218, 2001 N.Y. App. Div. LEXIS 5211

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 2001·Published

Opinion

—In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated January 27, [546]*5461999, as granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

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

“It is well settled that absent independent physical injuries to her person which directly cause the injury to her child during childbirth, a mother cannot recover damages for the attendant emotional and psychic harm” (Bubendey v Winthrop Univ. Hosp., 151 AD2d 713, 714). The plaintiff has failed to allege any such injuries to her person in her pleadings. Santucci, J. R, Florio, Schmidt and Adams, JJ., concur.

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—In an action, inter alia, to recover damages for medical malpractice and wrongful death, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated January 27, [546]*5461999, as granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

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

“It is well settled that absent independent physical injuries to her person which directly cause the injury to her child during childbirth, a mother cannot recover damages for the attendant emotional and psychic harm” (Bubendey v Winthrop Univ. Hosp., 151 AD2d 713, 714). The plaintiff has failed to allege any such injuries to her person in her pleadings. Santucci, J. R, Florio, Schmidt and Adams, JJ., concur.

Ebanks v. New York City Health & Hospitals Corp., 283 A.D.2d 545, 725 N.Y.S.2d 218, 2001 N.Y. App. Div. LEXIS 5211 (N.Y. Ct. App. 2001).

Pincite

283 A.D.2d 545 (Ebanks v. New York City Health & Hospitals Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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