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Maney v. Maloney
This cause of action, sounding in intentional tort, may be viable in cases where the defendant, by extreme and outrageous conduct, causes injury to a third person, thereby intentionally or recklessly causing severe emotional distress to a member of such person’s family who is present at the time (see Restatement, Torts 2d, § 46, subd [2], par [a]; see, also, Hutchinson v Stern, 115 App Div 791, 793 [Kruse, J., dissenting], app dsmd 189 NY 577 ).
Retrieving the full opinion text from the archive…
Herbert Hutchinson, Appellant,
v.
Sigmund Stern, Respondent
v.
Sigmund Stern, Respondent
New York Court of Appeals.
Nov 1, 1907.
N.F. Breen for appellant.
John Conboy and Leon Kauffman for respondent.
Cited by 1 opinion | Published
Appeal dismissed, with costs; no opinion.
Concur : Cullen, Ch. J., Gray, O’Brien, Werner, Willard Bartlett and Chase, JJ. Absent: Yann, J. -