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.