In Ruffing v. Union Carbide Corp., 308 AD2d 526 (2nd Dept 2003) the Appellate Division also recognized that "fraud... may...exist where a false representation is made to a third party, resulting in injury to the plaintiff" (Ruffing, 308 AD2d at 528). Although the action in Ruffing , was centered around the recovery for personal injuries, the Court concluded that a surviving child injured in utero as the result of a fraudulent statement relied upon by his or her mother does, in fact, possess a valid fraud cause of action (id. at 531). Moreover, the Court asserted that exception is relatively well settled and is reflected in several prior cases of the Court of Appeals including Rice v. Manley, 66 NY 82 [1876]).