Legal Opinion

Aquilio v. Nelson

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1980PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

Cardamone, J.

The sole question is whether damages are recoverable for emotional and mental harm suffered by the plaintiff mother as a result of the death of her infant the day following its birth, allegedly caused by the malpractice of the defendants, *196an attending gynecologist and a pediatrician. This question must be answered in the negative.

This action for medical malpractice, negligence, breach of contract and fraud arose out of the care and treatment of plaintiff Daria Aquilio by defendants Irving Nelson and James Howard during the course of her pregnancy. The alleged…

2Cases cited7 opinions

  1. Becker v. SchwartzNew York Court of Appeals · 1978
  2. Tobin v. GrossmanNew York Court of Appeals · 1969
  3. Johnson v. State of New YorkNew York Court of Appeals · 1975
  4. Battalla v. StateNew York Court of Appeals · 1961
  5. Donohue v. Copiague Union Free School DistrictNew York Court of Appeals · 1979

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Monahan v. WeichertAppellate Division of the Supreme Court of the State of New York · 1981
  2. Farago v. ShulmanAppellate Division of the Supreme Court of the State of New York · 1984
  3. Friedman v. MeyerAppellate Division of the Supreme Court of the State of New York · 1982
  4. Landon v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  5. Rainnie v. Community Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1982

6 more not listed; retrieve them via the Exa API.

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