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 New York Court of Appeals reversed the Appellate Division, awarded costs, and remanded for further proceedings, holding that a plaintiff may recover for negligent infliction of emotional distress when the emotional injury flows directly from a defendant's breach of duty owed to the plaintiff. The Court affirmed that the defendants owed a duty to provide accurate genetic counseling, that their negligent advice caused the plaintiff's emotional distress, and that this cause of action is permissible. Justice Titone dissented, arguing that the majority creates an unwarranted new cause of action.