New York Court of Appeals

Arthur Ross, Respondents-Appellants v. Louise Wise Services, Inc., Appellant-Respondent

May 3, 20078 N.Y.3d 478

Summary

The New York Court of Appeals held that the adoption agency’s concealment of the birth parents’ psychiatric history gave rise to a cognizable fraud claim for which plaintiffs may recover compensatory damages, but the conduct did not rise to the level of moral turpitude required for punitive damages. The court also affirmed that the statutes of limitations barred the negligence and intentional infliction of emotional distress claims and that equitable estoppel did not apply to revive those claims.