Legal Opinion
Fusco v. General Motors Corp.
New York County Courts
Decided December 13, 1984PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth H. Lange, J.
This action to recover damages for emotional and economic harm allegedly occasioned as the result of the malfunction of a General Motors automobile presents two significant questions. First, can the plaintiff state a cause of action for emotional injuries in the absence of any physical symptoms? Second, is the exclusion of consequential damages from the General Motors limited warranty (and specifically the cost of renting a replacement vehicle) unconscionable and therefore unenforceable? These issues have been raised by means of a motion by defendant…
2Cases cited11 opinions
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Woods v. LancetNew York Court of Appeals · 1951
- Battalla v. StateNew York Court of Appeals · 1961
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Ferrara v. GalluchioNew York Court of Appeals · 1958
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Adams v. American Cyanamid Co.Nebraska Court of Appeals · 1992
- Martell v. St. Charles HospitalNew York Supreme Court · 1987
- Luna v. American AirlinesDistrict Court, S.D. New York · 2009
- Natoli v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 1993
- Slotkin v. Mercedes-Benz of North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.