FENZEL v. ST. FRANCIS HOSP.


167 A.D.2d 823 (1990)

Alvin W. Fenzel, Individually and as Executor of Florence J. Fenzel, Deceased, et al., Respondents, v. St. Francis Hospital et al., Defendants, and Robert M. Barone, Appellant

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

November 16, 1990


Order affirmed without costs for reasons stated in decision at Supreme Court, Gossel, J.

Boomer and Pine, JJ. (dissenting).

We respectfully dissent.

The court erred in denying defendant Dr. Barone's motion for summary judgment dismissing plaintiffs' complaint against him for intentional infliction of emotional distress. The cause of action stemmed from Dr. Barone's allegedly false statements to plaintiffs, who are the husband and children of the decedent...

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