JOHNSON v. JAMAICA HOSP.


62 N.Y.2d 523 (1984)

Cynthia Johnson et al., Respondents, v. Jamaica Hospital, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Howard S. Davis and Barry M. Hoffman for appellant.

Jacob Firester for respondents.

Chief Judge COOKE and Judges JONES, WACHTLER and SIMONS concur with Judge KAYE; Judge MEYER dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.


KAYE, J.

The parents of a newborn infant abducted from a hospital nursery may not recover damages from the hospital for their own emotional distress resulting from the hospital's negligence in its care of their child or in the management of its nursery. Plaintiffs' complaint for such damages should have been dismissed for failure to state a cause of action.

Plaintiffs, Cynthia Johnson and Percy Williams...

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