New York Court of Appeals, 1987

Bani-Esraili v. Lerman

New York Court of Appeals · Decided February 17, 1987

69 N.Y.2d 807; 513 N.Y.S.2d 382; 505 N.E.2d 947; 1987 N.Y. LEXIS 15405

Cases that cite this one

37 later published cases cite this decision. The 25 that cite it most often are listed here.

Arche v. United States (Kan. 1990)
B.F. v. Reprod. Med. Assocs. of N.Y., LLP (N.Y. 2017)
Clark v. Children's Memorial Hosp. (Ill. 2011)
Smith v. Stilphen (District Court, D. New Hampshire 2004)
Liddington v. Burns (United States District Court, Oklahoma Western 1996)
In re Fill (United States Bankruptcy Court, S.D. New York 1988)
Haymon v. Wilkerson (D.C. 1987)
Farrakhan v. Obiakor Obstetrics & Gynecology, P.C. (New York Supreme Court, Kings County 2025)
Mickens v. LaSala (Appellate Division of the Supreme Court of New York 2004)
Carey v. Singer (New York Supreme Court, New York County 2025)
Carey v. Singer (New York Supreme Court, New York County 2025)
Riley v. Rupp (Appellate Division of the Supreme Court of New York 2024)
B.F. v. Reproductive Medicine Associates of New York, Marie Dennehy v. Alan B. Copperman, M.D. (N.Y. 2017)
Castello v. Castello (Appellate Division of the Supreme Court of New York 2016)
Abigail Ginsberg v. Quest Diagnostics, Inc. (N.J. Super. Ct. App. Div. 2015)
Mayzel v. Moretti (Appellate Division of the Supreme Court of New York 2013)
Mayzel v. Moretti (Appellate Division of the Supreme Court of New York 2013)
Clark v. Children's Memorial Hospital (Ill. 2011)
Foote v. Albany Medical Center Hospital (N.Y. 2011)
Foote v. Albany Medical Center Hospital (Appellate Division of the Supreme Court of New York 2009)
Cancilla v. Cancilla (Appellate Division of the Supreme Court of New York 2005)
Ross v. Louise Wise Services, Inc. (New York Supreme Court 2004)
Ross v. Louise Wise Servs. (New York Supreme Court, New York County 2004)
Smith v. Stilphen (District Court, D. New Hampshire 2004)
Paretta v. Medical Offices for Human Reproduction (New York Supreme Court 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*808In this "wrongful birth” action, the trial court properly held that plaintiff could not recover from the estate of defendant doctor the costs of those extraordinary expenses which plaintiff might incur for the continued support and special care of his son, born with thalassemia major, after the child reaches the age of 21. Under New York law, a parent has no legal obligation to continue the support of a child after majority, notwithstanding plaintiffs assertion of a moral obligation to do so in this case (see, e.g., Family Ct Act § 413 [1]; Domestic Relations Law § 32 [3]; Social Services Law § 101 [1]; and see, Besharov, Practice Commentary, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 413, pp 65-66; and see, 1966 NY Legis Ann, at 326-327 [Governor’s Message to Legislature, discussing L 1966, ch 256, entitled "Medical Assistance for Needy Persons”]). Thus, plaintiff may be compensated only in the amount that represents his legally cognizable injury, namely the increased financial obligation arising from the extraordinary medical treatment rendered the child during minority (see, Alquijay v St. Luke’s-Roosevelt Hosp. Center, 63 NY2d 978, 979; Becker v Schwartz, 46 NY2d 401, 413). The argument that public policy is better served by permitting plaintiff to recover the cost of his son’s postmajority extraordinary expenses is more appropriately addressed to the Legislature (see, Alquijay v St. Luke’s-Roosevelt Hosp. Center, 63 NY2d 978, 979, supra).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.