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Broadnax v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 440 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the Supreme Court, Westchester County (Fredman, J.).


Ordered that the order is reversed insofar as cross-appealed from by the defendants St. Joseph's Hospital, Georgia Rose, and Gauri Borah, and those branches of their respective motions which were to dismiss the plaintiffs' gross negligence causes of action are granted; and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from by the defendant Frederick A. Gonzalez; and it is further, Ordered that the defendants St. Joseph's Hospital, Georgia Rose, and Gauri Borah are awarded one bill of costs, payable by the plaintiffs.

The Supreme Court properly dismissed those causes of action brought on behalf of the stillborn infant, as no cause of action to recover damages for wrongful death or personal injury exists on behalf of a stillborn infant ( see, Endresz v. Friedberg, 24 N.Y.2d 478; Matter of Broadnax, 240 A.D.2d 663; La Page v. Di Costanzo, 194 A.D.2d 977, cert denied 510 U.S. 1178).

Additionally, we find that the record does not support a claim of gross negligence with respect to the defendants St. Joseph's Hospital, Georgia Rose, and Gauri Borah ( see, Spinosa v. Weinstein, 168 A.D.2d 32).

The parties' remaining contentions are without merit.

Ritter, J. P., Goldstein, McGinity and Luciano, JJ., concur.


Summaries of

Broadnax v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 440 (N.Y. App. Div. 1998)
Case details for

Broadnax v. Gonzalez

Case Details

Full title:KAREN BROADNAX, Appellants-Respondents, v. FREDERICK A. GONZALEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 1998

Citations

251 A.D.2d 440 (N.Y. App. Div. 1998)
675 N.Y.S.2d 547

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