Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM Breaking With Own Precedent, First Department Rules 'Extreme and Outrageous Conduct' No Longer 'Essential' to Emotional Distress Claims
"There is no stated rationale as to why extreme and outrageous conduct would be a required element for both an intentional act as well as a negligent act," wrote appellate Justice Troy K. Webber. "As such, we now hold that extreme and outrageous conduct is not an essential element of a cause of action to recover damages for negligent infliction of emotional distress."
March 10, 2023 at 03:41 PM
6 minute read
The Appellate Division, First Department court on Thursday broke with its prior precedent and ruled that "extreme and outrageous conduct is not an essential element" to recover damages for negligent infliction of emotional distress.
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