Speranza v. Repro Lab Inc.

OPINION OF THE COURT

Saxe, J.P.

This appeal considers whether plaintiffs, as the administrators of their late son’s estate, may obtain possession from defendant tissue bank of certain semen specimens deposited by their son before his death, or whether that relief is precluded either by his directive that the specimens be destroyed in the event of his death or by the terms of applicable New York State Department of Health regulations.

In 1997, Mark Speranza deposited a number of semen specimens in the facility of defendant Repro Lab Inc., a tissue bank licensed by the State of New York. The…