Sceusa v. Mastor
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Denman, J. P.
In this medical malpractice action defendants, Dr. Matilde Mastor and Millard Fillmore Hospital, appeal from an order denying their motion to dismiss Denise Sceusa’s third cause of action alleging negligent infliction of emotional distress. Defendants contend that because plaintiff did not establish that she sustained an independent physical injury, she is precluded from recovering for her psychic distress. We agree and conclude that defendants’ motions to dismiss the third cause of action should have been granted.
I
The facts are not in dispute and are easily…
2Cases cited11 opinions
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Bovsun v. SanperiNew York Court of Appeals · 1984
- Johnson v. State of New YorkNew York Court of Appeals · 1975
- Battalla v. StateNew York Court of Appeals · 1961
- Howard v. LecherNew York Court of Appeals · 1977
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3Cited by15 opinions
- Scott v. Capital Area Community Health Plan, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Bauch v. VerrilliAppellate Division of the Supreme Court of the State of New York · 1989
- Bubendey v. Winthrop University HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Miller v. ChalomAppellate Division of the Supreme Court of the State of New York · 2000
- Stiles v. SenAppellate Division of the Supreme Court of the State of New York · 1989
10 more not listed; retrieve them via the Exa API.