In LaBello v. Albany Med. Ctr. Hosp. (85 NY2d 701) the infant plaintiff was injured in utero as a result of the alleged malpractice of the defendants. In that case the Court held that the cause of action accrued at the time of birth based upon the principles that (1) an infant plaintiff has no right of action unless born alive, (2) liability for in utero injuries does not exist until there is a live birth, and (3) the Statute of Limitations cannot run until there is a legal right to relief.