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DOYLE v. VAN PELT

189 Misc.2d 67 (2001)

730 N.Y.S.2d 417

ESENA DOYLE, Plaintiff, v. NANCY L. VAN PELT, Defendant.

Supreme Court, Madison County.

August 20, 2001.

Attorney(s) appearing for the Case

Mark D. Goris, Cazenovia, for defendant.

Joyce Law Firm, Sherburne (Samantha M. Holbrook of counsel), for plaintiff.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

In this negligence action arising from a motor vehicle accident, plaintiff—who was eight months pregnant at the time of the accident, and delivered a stillborn infant several hours later—seeks to recover for, inter alia, emotional and psychological injuries she sustained as a result of the loss of her fetus. Defendant moves for dismissal of the complaint, arguing that

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