Legal Opinion
Albala v. City of New York
New York Court of Appeals
Decided November 23, 1981PublishedCited by 65 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The question presented on this appeal is whether a tort committed against the mother of a child not yet conceived gives rise to a cause of action in favor of the child if that tort caused injury to the child during gestation. The Appellate Division determined that no cause of action for preconception tort is cognizable under the law of this State and we agree.
On December 27, 1971, Ruth Albala underwent an abortion at Bellevue Hospital during the course of which her uterus was perforated. In June of 1973 she commenced a malpractice action which was ultimately…
2Cases cited6 opinions
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Codling v. PagliaNew York Court of Appeals · 1973
- Becker v. SchwartzNew York Court of Appeals · 1978
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Woods v. LancetNew York Court of Appeals · 1951
1 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Pitre v. Opelousas General Hosp.Supreme Court of Louisiana · 1988
- Graham v. KeuchelSupreme Court of Oklahoma · 1993
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Davis v. South Nassau Communities HospitalNew York Court of Appeals · 2015
60 more not listed; retrieve them via the Exa API.