Legal Opinion

Taggart v. Costabile

Appellate Division of the Supreme Court of the State of New York

Decided June 24, 2015No. 2012-09132PublishedCited by 87 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

Among the issues presented for our review on this appeal is whether the plaintiffs have stated a cause of action alleging negligent infliction of emotional distress. In order to evaluate this issue it is necessary to consider whether an allegation of extreme and outrageous conduct is an essential element of that cause of action. Although decisions of this Court have, on occasion, included language indicating that it is, we now clarify that extreme and outrageous conduct is not an essential element of a cause of action alleging negligent infliction of emotional…

2Cases cited54 opinions

  1. Murphy v. American Home Products Corp.New York Court of Appeals · 1983
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Howell v. New York Post Co.New York Court of Appeals · 1993
  4. Fischer v. MaloneyNew York Court of Appeals · 1978
  5. Tobin v. GrossmanNew York Court of Appeals · 1969

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3Cited by87 opinions

  1. Francis v. Kings Park Manor, Inc.Court of Appeals for the Second Circuit · 2021
  2. Cangemi v. United StatesCourt of Appeals for the Second Circuit · 2021
  3. Corley v. VanceDistrict Court, S.D. Illinois · 2019
  4. De Sesto v. SlaineDistrict Court, S.D. New York · 2016
  5. C.T. v. Valley Stream Union Free School DistrictDistrict Court, E.D. New York · 2016

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