ERANI v. FLAX


193 A.D.2d 777 (1993)

598 N.Y.S.2d 268

Ezra Erani et al., Appellants, v. Cecelia Flax et al., Defendants, and BPC Management Corporation, Respondent

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

May 24, 1993


Ordered that the order is affirmed insofar as appealed from, with costs.

We find that summary judgment dismissing the complaint against all the defendants was properly granted. The plaintiffs allege that they have suffered emotional distress and mental anguish due to the negligence of the respondent BPC Management Corporation in leaving asbestos-containing materials in the basement of their store. However, the plaintiffs have not presented any clinical evidence that...

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