A midlevel New York appellate court on Thursday found that a plaintiff in a Child Victims Act case is not barred from pursuing claims of intentional infliction of emotional distress alongside negligence claims.

Manhattan Supreme Court Justice Alexander Tisch dismissed plaintiff’s claim of intentional infliction of emotional distress (IIED) in January 2023, after defendants argued the claim was duplicative of the negligence claims because they were underpinned by the same set of facts.