Legal Opinion

Kaufman v. Israel Zion Hospital

New York Supreme Court

Decided October 20, 1944PublishedCited by 1 opinion

1Opinion of the CourtDaly, J.

The essence of plaintiffs’ complaint is that after the birth of their child at the defendant hospital the attending physician, who is a codefendant herein, and the hospital, by its agents, servants and employees, first represented that the child was of the female sex and a few days later the plaintiffs were told that the child was of the male sex. Without asserting any claim that the child given to them was not theirs, the plaintiffs seek damages of $25,000 against each defendant, claiming that they “ suffered severe physical and mental anguish, feeling that the child given to them is not…

2Cases cited5 opinions

  1. Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
  2. Comstock v. WilsonNew York Court of Appeals · 1931
  3. Stahl v. William Necker, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
  4. Curtin v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1897
  5. Smith v. RectorNew York Supreme Court · 1931

3Cited by1 opinion

  1. Kalina v. General Hospital of the City of SyracuseNew York Supreme Court · 1961

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