B.F. v. Reprod. Med. Assocs. of N.Y., LLP
Court for the Trial of Impeachments and Correction of Errors
1Opinion of the Court
DiFIORE, Chief Judge:
In Becker v. Schwartz, this Court recognized a new cause of action permitting parents to recover the extraordinary expenses incurred to care for a disabled infant who, but for a physician's negligent failure to detect or advise on the risks of impairment, would not have been born ( 46 N.Y.2d 401, 410, 413 N.Y.S.2d 895, 386 N.E.2d 807 [1978] ). The issue in these related appeals is whether the statute of limitations for such an extraordinary expenses claim runs from the date of the alleged negligence or the date of birth. We hold that it is the latter.
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The salient…
2Cases cited33 opinions
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- Becker v. SchwartzNew York Court of Appeals · 1978
- Nykorchuck v. HenriquesNew York Court of Appeals · 1991
- Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
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- Arnold v. Town of Camillus, New YorkDistrict Court, N.D. New York · 2023
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