SCEUSA v. MASTOR


135 A.D.2d 117 (1988)

Joseph M. Sceusa et al., Respondents, v. Matilde Mastor et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 4, 1988


Attorney(s) appearing for the Case

Damon & Morey (Debra Norton of counsel), for Matilde Mastor, appellant.

Brown & Kelly (Kevin Ricotta of counsel), for Millard Fillmore Hospital, appellant.

Magner, Love & Morris, P. C. (Lawrence Regan of counsel), for respondents.

BOOMER, PINE, LAWTON and DAVIS, JJ., concur.


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...

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