CREED v. UNITED HOSP.


190 A.D.2d 489 (1993)

Cora B. Creed et al., Respondents, v. United Hospital et al., Appellants

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

July 6, 1993


Attorney(s) appearing for the Case

Marion Polovy, New York City, for Albert Parker, appellant.

Bower & Gardner, New York City (Howard R. Cohen and Richard W. Derry of counsel), for United Hospital and another, appellants.

Jason Shulman, New York City, for respondents.

O'BRIEN, RITTER and PIZZUTO, JJ., concur.


MANGANO, P. J.

The primary issue to be resolved on this appeal is whether the plaintiffs' malpractice action, which seeks damages for emotional and psychic injuries only, can withstand a motion to dismiss for failure to state a cause of action. In our view, this question must be answered in the negative.

I

The defendant Dr. Albert Parker was retained under a written agreement with the defendant...

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