Kurth v. Murphy

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered November 14, 1997, which denied their motion for partial summary judgment dismissing the second cause of action, asserted on behalf of the plaintiff Carol Kurth to recover damages based on the negligent infliction of emotional distress.

Ordered that the order is affirmed, with costs.

“[Wlhere a defendant negligently exposes a plaintiff to an unreasonable risk of bodily injury or death, the plaintiff may recover, as a proper element of…