Alberino v. Long Island Jewish-Hillside Medical Center

OPINION OF THE COURT

Arthur D. Spatt, J.

The issue presented in this action involving the wrongful death of a mother is whether a surviving infant child’s right of recovery is lost or diminished by reason of his being adopted subsequent to his mother’s death.

BACKGROUND

Deborah Turchen died on February 17, 1975, shortly after the birth of her infant son Scott, now known as Scott Alberino. Her husband, Harvey D. Turchen, the natural father of Scott, is presently in a mental institution. Scott has lived with his aunt and uncle, Mr. and Mrs. Richard F. Alberino, since he was about one month old, and…