Lancellotti v. Howard
| Decision Date | 20 November 1989 |
| Citation | 155 A.D.2d 588,547 N.Y.S.2d 654 |
| Parties | Mary LANCELLOTTI, et al., Respondents, v. James C. HOWARD, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
De Vito, Pilkington & Leggett, P.C., White Plains (Robert D. Schapiro, of counsel), for appellants.
Lian, Geringer & Dolan, New York City (Anthony J. Centone, of counsel), for respondents.
Before MANGANO, J.P., and THOMPSON, BRACKEN and ROSENBLATT, JJ.
MEMORANDUM BY THE COURT.
In a medical malpractice action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Westchester County (Wood, J.), entered February 26, 1988, as denied that branch of their motion which was for summary judgment dismissing the plaintiff's first cause of action.
ORDERED that the order is modified, on the law, by deleting the provision thereof which denied so much of that branch of the defendants' motion for summary judgment as was to dismiss so much of the first cause of action as was to recover damages for psychic and emotional injuries, and substituting therefor a provision granting that relief and dismissing so much of the first cause of action as sought recovery of damages for psychic and emotional injuries; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
As set forth in the amended complaint and bill of particulars, the plaintiff Mary Lancellotti suffered severe immediate and continuing emotional and psychic injuries as a result of the defendant physician's negligent misdiagnosis and treatment. The defendant Dr. James C. Howard had erroneously advised the plaintiff that she was pregnant and continued to treat her for that condition over a period of nearly seven months.
Even assuming the truth of the allegations in the amended complaint and supporting affidavits (see, Lynch v. Bay Ridge Obstetrical & Gynecological Assocs., 72 N.Y.2d 632, 636, 536 N.Y.S.2d 11, 532 N.E.2d 1239; Cohn v. Lionel Corp., 21 N.Y.2d 559, 562, 289 N.Y.S.2d 404, 236 N.E.2d 634), we find that while the plaintiff may recover damages for any pecuniary loss suffered as a result of the defendants' negligence, she has no legally cognizable cause of action against the defendants to recover for psychic harm resulting from the defendants' misdiagnosis and treatment.
While we are aware that physical injury is no longer a necessary component of a cause of action to recover damages for the negligent infliction of emotional distress (see, e.g., Kennedy v. McKesson Co., 58 N.Y.2d 500, 504, 462 N.Y.S.2d 421, 448 N.E.2d 1332; Johnson v. State of New York, 37 N.Y.2d 378, 372 N.Y.S.2d 638, 334 N.E.2d 590; ...
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...the plaintiffs physical safety or caused the plaintiff fear for his or her own physical safety. Lancellotti v. Howard, 155 A.D.2d 588, 547 N.Y.S.2d 654, 654 (N.Y.App.Div.1989) (internal citations omitted). In the instant case, Blake has not pointed to any evidence in the record, nor has the......
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...the plaintiff's physical safety or caused the plaintiff fear for his or her own physical safety.Lancellotti v. Howard, 155 A.D.2d 588, 547 N.Y.S.2d 654, 655 (N.Y.App.Div.1989) (internal citations omitted). In the instant case, plaintiff has not pointed to any evidence in the record, nor has......