New York Court of Appeals

Carmen Martinez, Appellants v. Long Island Jewish Hillside Medical Center, Respondents, Defendant

June 9, 198770 N.Y.2d 697

Summary

The Court of Appeals reversed the Appellate Division's order and remanded the case for further proceedings, holding that a plaintiff may recover for negligent infliction of emotional distress when the distress flows directly from the defendant's breach of a duty owed to the plaintiff, not from by‑stander injury. The dissent warned that this creates a new cause of action inconsistent with prior case law.