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, (3) the Statute of Limitations cannot run until there is a legal right to relief.