Home/New York Court of Appeals/Vaccaro v. Squibb Corp.

Vaccaro v. Squibb Corp.

418 N.E.2d 386, 52 N.Y.2d 809, 436 N.Y.S.2d 871, 1980 N.Y. LEXIS 2899
CourtNew York Court of Appeals
DecidedDecember 22, 1980
StatusPublished
Cited by52 cases

This text of 418 N.E.2d 386 (Vaccaro v. Squibb Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vaccaro v. Squibb Corp., 418 N.E.2d 386, 52 N.Y.2d 809, 436 N.Y.S.2d 871, 1980 N.Y. LEXIS 2899 (N.Y. 1980).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the motions of defendants-appellants to dismiss the first through the ninth causes of action set forth in the complaint in Action No. 2 should be granted (cf. Howard v Lecher, 42 NY2d 109; see Becker v Schwartz, 46 NY2d 401).

We do not read the complaint as setting forth a cause of action by the mother for independent physical injuries. The theory of recovery on which the dissenter would rely was not addressed by either court below or argued by the parties in our court. Insofar as the mother seeks recovery the case has been heretofore treated as presenting only the [811]*811legal question whether in the circumstances she is entitled to recover for emotional and psychic harm.

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Bluebook (online)
418 N.E.2d 386, 52 N.Y.2d 809, 436 N.Y.S.2d 871, 1980 N.Y. LEXIS 2899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaccaro-v-squibb-corp-ny-1980.