Njoku v. City of New York

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 23, 1997, which, to the extent appealed from as limited by defendants’ brief, denied defendants’ motion to dismiss the complaint for failure to state a cause of action or for summary judgment, unanimously affirmed, without costs.

While the law does not permit a mother’s recovery for wrongful death or negligent infliction of emotional distress based solely upon the still birth of her child (see, Matter of Broadnax, 240 AD2d 663; Guialdo v Allen, 171 AD2d 535), it does permit recovery upon a theory such as that alleged in the…