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XENIAS v. ROOSEVELT HOSP.

800014/15.

180 A.D.3d 588 (2020)

120 N.Y.S.3d 298

2020 NY Slip Op 01289

Anastasia Xenias, Appellant, v. The Roosevelt Hospital, Doing Business as Mount Sinai West, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 25, 2020.

Plaintiff alleges that, after her father's death at Mount Sinai West Hospital, defendants engaged in conduct that constituted negligent infliction of emotional distress (see generally Sheila C. v Povich, 11 A.D.3d 120, 130 [1st Dept 2004]). The claim was properly dismissed since the allegations do not set forth the breach of a duty of care owed to plaintiff (see DeCintio v Lawrence Hosp., 299 A.D.2d 165

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