FUSCO v. GEN. MOTORS


126 Misc.2d 998 (1984)

Anthony Fusco et al., Plaintiffs, v. General Motors Corporation et al., Defendants.

County Court, Westchester County.

December 13, 1984


Attorney(s) appearing for the Case

Scapolito & O'Brien for Van Brunt Motors, Inc., defendant. Herbert J. Bliss for plaintiffs. Simpson, Thacher & Bartlett for General Motors Corporation, defendant.


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...

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