This action arose out of Ds' mistaken implantation of Ps' embryo into the uterus of another woman. Ps contracted for in vitro fertilization with Dr. Obasaju (D) at the In Vitro Fertility Center of New York (IVFC) (D). One of Ps’ fertilized embryos was mistakenly implanted into a third party. The third part became pregnant, gave birth, and raised the child for four months. Ps were not informed until the third party was pregnant. Ps gained custody of the child after a custody battle and filed an action for medical malpractice against Ds, with the damages being emotional harm. Ps claimed to have suffered emotional harm by their having been deprived of the opportunity of experiencing pregnancy, prenatal bonding, and the birth of their child, and by their separation from the child for more than four months after his birth. The court denied Ds’ motion to dismiss. Ds appealed.

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