Perry-Rogers v. Obasaju

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered March 7, 2000, which, in an action arising out of defendants’ mistaken implantation of plaintiffs’ embryo into the uterus of another woman (see, 276 AD2d 67), insofar as appealed from, denied defendants-appellants’ motions pursuant to CPLR 3211 (a) (7) to dismiss plaintiffs’ cause of action for medical malpractice, unanimously affirmed, with one bill of costs.

We reject defendants’ argument that plaintiffs’ malpractice claim must be dismissed since it seeks to recover only for emotional harm caused by the creation of human…