Legal Opinion

Shaw v. QC-Medi New York Inc.

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

Decided June 14, 2004PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Lawton, J.

Plaintiffs appeal from an order that granted those parts of defendants’ cross motions for partial summary judgment dismissing the cause of action for negligent infliction of emotional distress. On appeal, plaintiffs contend that they have established the elements of a cause of action for negligent infliction of emotional distress under the zone of danger rule and/or that defendants owed a special duty to plaintiff Lee E. Shaw to exercise care for her protection.

Plaintiffs’ daughter, Carrie Shaw, was born on March 14, 1996 with severe physical impairments. She is…

2Cases cited10 opinions

  1. Bovsun v. SanperiNew York Court of Appeals · 1984
  2. Eiseman v. StateNew York Court of Appeals · 1987
  3. Tenuto v. Lederle Laboratories, Division of American Cyanamid Co.New York Court of Appeals · 1997
  4. Broadnax v. GonzalezNew York Court of Appeals · 2004
  5. Lafferty v. Manhasset Medical Center HospitalNew York Court of Appeals · 1981

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3Cited by3 opinions

  1. Gallagher v. Cayuga Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
  2. Klein v. BialerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Santos v. St. Vincent's Hospital & Medical CenterNew York Supreme Court · 2005

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