MONACO v. CVS CORPORATION


267 A.D.2d 437 (1999)

700 N.Y.S.2d 847

MARY J. MONACO et al., Respondents, v. CVS CORPORATION, Doing Business as CVS, Appellant, et al., Defendant.

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

Decided December 27, 1999.


Ordered that the order is reversed, on the law, with costs, the motion for partial summary judgment is granted, and the cause of action to recover damages for emotional distress resulting from fear of developing cancer is dismissed insofar as asserted against the appellant.

The appellant made a prima facie showing of its entitlement to summary judgment as a matter of law, dismissing the plaintiffs' cause of action to recover...

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