PLUNKETT v. NYU DOWNTOWN HOSPITAL


21 A.D.3d 1022 (2005)

801 N.Y.S.2d 354

ELAINE PLUNKETT et al., Appellants, v. NYU DOWNTOWN HOSPITAL, Respondent.

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

September 19, 2005.


Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

Contrary to the contention of the defendant and the determination of the Supreme Court, the plaintiffs' action to recover for the emotional injuries flowing from the defendant's alleged unwarranted delay in notifying them of their father's death and its interference with...

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