In an unusual ruling where a four-judge majority coalesced from two concurring opinions, the Appellate Division, 1st Department, decided last week that a couple who claims to have been misled by an adoption agency about the family medical history of the now-institutionalized son they adopted in 1962 may seek punitive damages.
The two concurring opinions in Ross v. Louise Wise Services, 113128/99, were written by Justices Eugene Nardelli and Peter Tom. Nardelli’s opinion was joined by Justice John W. Sweeny Jr.; Tom’s by Justice David B. Saxe. Justice David Friedman filed a dissent.
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