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SHAW v. QC-MEDI N.Y., INC.

10 A.D.3d 120 (2004)

778 N.Y.S.2d 791

RICHARD J. SHAW et al., Individually and as Parents and Natural Guardians of CARRIE SHAW, an Infant, Appellants, v. QC-MEDI NEW YORK, INC., et al., Respondents.

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

June 14, 2004.

Attorney(s) appearing for the Case

Sonneborn, Spring & O'Sullivan, P.C., Syracuse (Kristie M. Carter of counsel), for appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Karen M. Richards of counsel), for QC-Medi New York, Inc., and others, respondents.

Levene, Gouldin & Thompson, LLP, Binghamton (John J. Pollock of counsel), for Americare, Inc., and others, respondents.

Pigott, Jr., P.J., Green, Pine and Wisner, JJ., concur.

OPINION OF THE COURT

LAWTON, J.

Plaintiffs appeal from an order that granted those parts of defendants' cross motions for partial summary judgment dismissing the cause of action for negligent infliction of emotional distress. On appeal, plaintiffs contend that they have established the elements of a cause of action for negligent infliction of emotional distress under the zone of danger rule and/or that defendants owed a special duty to plaintiff Lee E. Shaw...

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